ANNUAL REPORT 2019–20 ANNUAL REPORT About At a 02 2019–20 the Court Glance Foreword

Letter to the Governor

To Her Excellency AC, Governor of the state of and its dependencies in the Commonwealth of .

Dear Governor, We, the judges of the Supreme Court of Victoria, have the honour of presenting to you our annual report for the 2019–20 financial year, reporting on the Court’s activities from 1 July 2019 to 30 June 2020. Yours sincerely

Anne Ferguson The Honourable Chief Justice Supreme Court of Victoria

ABOUT THIS REPORT This report is prepared as a requirement under provisions of the Supreme Court Act 1986. It is prepared primarily as a report to the Attorney- General of Victoria on Court activities. The report also provides information for Supreme Court users and others with an interest in the Court.

ENQUIRIES AND FEEDBACK For enquiries on the report or to provide feedback, email: [email protected] ISSN: 1839-9215 (online) Published by the Supreme Court of Victoria, , Victoria, Australia March 2021 © Supreme Court of Victoria This report is published on the Court’s website: supremecourt.vic.gov.au Court Work of Additional Leadership and 03 Snapshot the Court Court services Governance Appendices

Goal To be a modern superior court that is accessible to and trusted by all, fulfilling a fundamental role in our democratic society.

Purpose To serve the community by upholding the law through just, independent and impartial decision making and dispute resolution.

Attributes Our goal and purpose are underpinned by the following values:

– excellence – equality (before the law) – accessibility – integrity and transparency – timeliness and efficiency – certainty and clarity – innovation and change – courtesy and respect – unity and wellbeing.

About the Supreme Court of Victoria The Supreme Court hears some of the of criminal and civil cases decided in most serious criminal cases and most the of Victoria or Supreme complex civil cases in the State of Court Trial Division and some VCAT Victoria. It also hears some appeals appeals. Most appeals require permission from Victorian courts and tribunals. from the Court of Appeal before they The Court has two divisions, the Trial can be heard. Division and the Court of Appeal. The chief executive officer oversees The Trial Division is made up of the administrative functions of the three divisions: the Criminal Division, Court. These functions include the Court the Commercial Court and the Common of Appeal Registry, the Supreme Court Law Division. It hears serious criminal registries, the Probate Office, Juries cases, including murder and terrorism, Victoria, the Law Library of Victoria and and civil cases involving significant Court administration. The Funds in Court injuries, large monetary claims and operates as a discrete Office of the Court complex legal issues, and other serious under the direction of the Senior Master. matters. It also hears appeals from the While most cases are heard in Magistrates’ Court of Victoria, the Melbourne, the Supreme Court is a court Children’s Court of Victoria, the Coroners for all Victorians, regularly travelling on Court of Victoria and the Victorian Civil circuit to hear cases across the entire and Administrative Tribunal (VCAT). state. The Court of Appeal determines whether a trial was conducted fairly and the law was correctly applied. It hears appeals ANNUAL REPORT About At a 04 2019–20 the Court Glance Foreword At a glance

CONTENTS

05 57

AT A GLANCE ADDITIONAL Cases Snapshot 06 COURT SERVICES Funds in Court 58 Services Snapshot 09 Juries Victoria 63 Joint Foreword: Chief Justice and Law Library Chief Executive Officer 10 of Victoria 65

12 67

COURT SNAPSHOT LEADERSHIP AND GOVERNANCE

16 69

WORK OF THE COURT APPENDICES Court of Appeal 17 Financial Information 70 Criminal Division 20 Judicial Officers of the Supreme Court 72 Commercial Court 25 Court Locations 74 Common Law Division 31 Contact Details 75 Associate Judges’ Chambers 39 Judicial Mediation 42 Costs Court 44 Registry and Court Support Services 47 Office of the Prothonatory 52 Probate Office 53 Corporate Services 55 Court Work of Additional Leadership and 05 Snapshot the Court Court Services Governance Appendices At a glance

AT A GLANCE ANNUAL REPORT About At a 06 2019–20 the Court Glance Foreword

Cases The Court’s performance is measured by its: Snapshot 1 2 Clearance rate On-time case processing Cases finalised in a given Percentage of cases period, expressed as a finalised within 12 and percentage of cases initiated. 24 months of initiation.

Total caseload

Total cases

2018–19 2019–20 Variance Initiations 6,670 6,543 -1.9% Finalisations 6,608 6,626 0.3% Pending 5,087 4,981 -2.1%

Clearance rate and on-time case processing

2018–19 2019–20 Benchmark Clearance rate 99% 101% 100% Cases finalised within 12 months 74% 72% 75% Cases finalised within 24 months 89% 87% 90% Cases finalised >24 months 11% 13% 0%

Case backlog

2018–19 2019–20 Benchmark Pending >12 months 34% 32% 20% Pending >24 months 17% 14% 5%

Court file integrity

2018–19 2019–20 Benchmark Court file integrity 89% 91% 90% Court Work of Additional Leadership and 07 Snapshot the Court Court Services Governance Appendices

In addition, the Court reports on the Variance is the percentage difference quality of its court files, known as between 2018–19 and 2019–20 figures. 3 court file integrity. This is the percentage Benchmark is a standard that the Court Case backlog of case files that meet established measures its performance against. standards of availability, accuracy and Length of time that Differences between figures contained completeness, as determined through cases to be finalised in this report, compared to the 2017–19 a process of random audits. Court have been pending. annual report, are due to further file integrity is critical to ensuring refinement of the Court’s statistics proceedings are managed efficiently. after their publication.

Court of Appeal

Total cases – Court of Appeal

2018–19 2019–20 Variance Initiations 450 361 -19.8% Finalisations 372 400 7.5% Pending 316 277 -12.3%

Civil cases – Court of Appeal

2018–19 2019–20 Variance Initiations 153 121 -20.9% Finalisations 129 140 8.5% Pending 108 89 -17.6%

Civil cases – Court of Appeal – clearance rate and on-time case processing

2018–19 2019–20 Benchmark Clearance rate 85% 116% 100% Cases finalised within 12 months 88% 68% 75% Cases finalised within 24 months 99% 100% 90% Cases finalised >24 months 1% 0% 0%

Criminal cases – Court of Appeal

2018–19 2019–20 Variance Initiations 297 240 -19.2% Finalisations 243 260 7.0% Pending 208 188 -9.6%

Criminal cases – Court of Appeal – clearance rate and on-time processing

2018–19 2019–20 Benchmark Clearance rate 82% 108% 100% Cases finalised within 12 months 87% 64% 75% Cases finalised within 24 months 100% 100% 90% Cases finalised >24 months 0% 0% 0% ANNUAL REPORT About At a 08 2019–20 the Court Glance Foreword

Trial Division

Total cases – Trial Division – civil and criminal

2018–19 2019–20 Variance Initiations 6,017 5,968 -1% Finalisations 6,035 6,013 0% Pending 4,712 4,667 -1%

Criminal Division – trials and pleas

2018–19 2019–20 Variance Initiations 100 91 -9% Finalisations 121 109 -10% Pending 104 86 -17%

Criminal Division – clearance rate and on-time case processing

2018–19 2019–20 Benchmark Clearance rate 121% 120% 100% Cases finalised within 12 months 65% 52% 75% Cases finalised within 24 months 97% 83% 90% Cases finalised >24 months 3% 17% 0%

Commercial Court – cases summary

2018–19 2019–20 Variance Initiations 2,727 2,570 -5.8% Finalisations 2,916 2,876 -1.4% Pending 1,874 1,568 -16.3%

Commercial Court – clearance rate and on-time case processing

2018–19 2019–20 Benchmark Clearance rate 106.9% 111.9% 100% Cases finalised within 12 months 82.0% 82.3% 75% Cases finalised within 24 months 90.7% 88.4% 90% Cases finalised >24 months 9.3% 11.6% 0%

Common Law Division – cases summary

2018–19 2019–20 Variance Initiations 2,848 2,993 5.1% Finalisations 2,645 2,732 3.3% Pending 2,617 2,878 10.0%

Common Law Division – clearance rate and on-time case processing

2018–19 2019–20 Benchmark Clearance rate 92.9% 91.3% 100% Cases finalised within 12 months 59.6% 59.3% 75% Cases finalised within 24 months 82.7% 82.1% 90% Cases finalised >24 months 17.3% 17.9% 0% Court Work of Additional Leadership and 09 Snapshot the Court Court Services Governance Appendices

Judicial Mediations

2018–19 2019–20 Variance Cases referred for mediation 545 691 27% Mediations completed 372 405 9% Cases resolved on day of mediation 227 236 4% Percentage of cases resolved on day of mediation 61% 58% -3% Number of hearing days saved 1,206 1,209 0.2%

Services snapshot

Registry Services 2018-19 2019-20 Counter enquiries answered1 8,159 5,9652 Self-represented litigants – enquiries answered 3,480 5,094 Subpoenas issued 3,735 3,571 Probate Office 2018-19 2019-20 Counter enquiries answered 16,271 13,261 Grants of probate 18,221 19,729 Wills deposited with Probate Office for safekeeping 254 247 Small estates grants 33 69 Funds in Court 2018-19 2019-20 Money paid into Court ($ millions) $152 $164 Money paid out of Court ($ millions) $77 $117 Total value of funds under administration, including real estate ($ billions) $2.024 $1.96 Law Library of Victoria 2018-19 2019-20 Queries, visitors, tours and training attendees 46,577 33,8563 Website visits and database usage 1,961,745 2,206,125 Users’ satisfaction with the Library and its services 99% 100% Judgments published on the Library website 1,153 1,088 Juries Victoria4 2018-19 2019-20 Citizens randomly selected 222,982 127,055 Jurors summonsed 59,929 38,306 Jury trials5 524 232 Community Engagement6 2018-19 2019-20 Website page views 2,809,938 3,118,713 Social media followers (Twitter and Facebook) 20,212 21,960 Downloads of Gertie’s Law podcasts 75,808 233,717 Visitors at community open days 1,500 2,000 Court education program participants 6,000 4,000

Finances7 2018-19 2019-20 Total operating revenue $93,215 $96,275 Total operating expenses $92,397 $98,751 Net result from transactions (net operating balance) $818 ($2,476)

1 Principal Registry. 2 The drop in counter enquiries reflects the impact of COVID-19. 3 The drop in queries, visitors, tours and training attendees reflects the impact of COVID-19. 4 Juries Victoria services both the Supreme Court and County Court. 5 Figures include both Supreme and County Court trials. 6 Figures relate to Supreme Court activity, excluding additional Court services (Funds in Court, Juries Victoria and Law Library of Victoria). 7 2018-19 figures have been re-stated as a result of corrections made in relation to the Capital Asset Charge. ANNUAL REPORT About At a 10 2019–20 the Court Glance Foreword

Joint Foreword: Chief Justice and Chief Executive Officer

It is a pleasure to present the 2019-20 Annual Report for the Supreme Court of Victoria.

This report covers an extraordinary time homicide cases came to our Court more in the Court’s history. quickly to get ready for the trial instead of first going through a committal While in the first nine months of the process in the Magistrates’ Court. reporting year we continued the Court’s Despite the suspension of jury trials from work as normal, achieving much along March 2020, more accused had their the way, in March 2020 the coronavirus cases finalised than in the previous two (COVID-19) pandemic struck, requiring financial years. The Criminal Division a rapid and radical transformation to also reformed its bail listing practices the way we operated. and procedures and adopted a more intensive case management approach We needed to continue to deliver justice to criminal trials. The Honourable for the community, while balancing the Anne Ferguson health and safety of Court users, our The overall workload in the Commercial Court remained consistent across the Chief Justice of Victoria judges and staff. reporting period, despite the pandemic. It is a great credit to all involved that we The Commercial Court rapidly were able to do that. transitioned to a remote operating environment, embracing technology to continue hearings virtually wherever Serving the community possible to minimise adjournments. The Throughout the reporting period, every Court also implemented early triaging area of our Court continued to explore of cases to reduce unnecessary delays how to better serve the community. and shorten times to resolution. The Court of Appeal marked its 25th In February 2020, the Common Law anniversary on 13 June 2020. Before Division created a new Institutional that, in October 2019, the Court sat for Liability List. This list was created in the first time at a university, Monash response to an influx of cases brought by Law School’s moot courtroom. The people seeking compensation in relation Court of Appeal also travelled on circuit to sexual or physical abuse when they to and Latrobe Valley, before were a child. The Court welcomed the COVID-19 restrictions prevented further appointment of a second judicial regional sittings. When the pandemic hit, registrar to support case management in Matt Hall PSM hearings continued through the use of the Judicial Review and Appeals List; the courtroom technology and platforms Chief Executive Officer Trusts, Equity and Probate List; the such as Zoom and Webex. These virtual Valuation, Compensation and Planning hearings improved access for the media List; and the Property List. Like so many and the public, who could watch online. other areas of the Court, the division moved swiftly to virtual hearings in The Criminal Division introduced entirely response to the pandemic, with judge- remote hearings via Webex and new only trials instead of jury trials. cross-jurisdictional initiatives, such as the fast-tracking of homicide cases. The fast-tracking process meant that Court Work of Additional Leadership and 11 Snapshot the Court Court Services Governance Appendices

Strategic outlook for all court users. Significant progress We acknowledge and thank Louise was made in the reporting year, with Anderson in her role as chief executive This snapshot of some of the work eFiling launched in the Court of Appeal officer of CSV, particularly her calm and across the financial year reflected in September 2019 and all preparatory supportive leadership as CSV and all our overarching goal to be a modern work completed in the Probate Office to jurisdictions faced the challenges and superior court that is accessible to provide an online method for solicitors uncertainty of the pandemic. We also and trusted by all. and people representing themselves to thank the legal profession for working so In November 2019, our Court released apply for probate. We thank all involved constructively with us as we moved to its 2020–25 Strategic Statement. That in this transformational work, which managing most appearances through statement sets the direction for our ensured our Court was well placed to the electronic and digital environment. strategic planning and is underpinned respond to the disruptive change that We could not have achieved what we did by some important values. we experienced. without the dedication and effort of our people. We sincerely thank our judges, One of those values is fostering Delivering justice wellbeing and respect among our associate judges, reserve judges, reserve people. A respectful workplace is fair, Following public health advice, the associate judges, judicial registrars and positive and inclusive, with leaders who Court worked closely with all other staff for the work they do to build trust model ethical behaviour. In 2019-20, the jurisdictions and Court Services Victoria and confidence in our Court. Heads of Victorian Jurisdictions made a (CSV) to build new technical capabilities, We would never have wished for change strong commitment to uphold the skills, procedures and processes to in the way it arrived in 2019-20. But in standards the community expects of us keep people safe while delivering justice. responding through necessity we have and do all we can to prevent and address Responding to the pandemic brought accelerated longer-term projects to improper conduct. As leaders, we will out the very best in our people. continue to modernise the Court and continue to do all we can to build a Hundreds of hearings went online, and honed our focus on the needs of our culture of respect in our Court. by June 2020 most of our judicial Court users. From here, we will continue Another value that underpins our work officers and staff were operating off-site. to draw from the lessons learned in order is embracing changes in technology and This was a significant logistical operation to serve the community by upholding processes, while still respecting in itself, and its success speaks volumes the law through just, independent and traditions that continue to serve the about everyone’s adaptability, patience impartial decision making and dispute Court and the community well. For some and perseverance. resolution. years, our Court has been working to We thank the many people who worked create a modern system of electronic so quickly and with such goodwill during filing (eFiling) and digitally enabled 2019–20. courtrooms, to provide a better service

The Honourable Anne Ferguson Matt Hall PSM Chief Justice of Victoria Chief Executive Officer ANNUAL REPORT About At a 12 2019–20 the Court Glance Foreword Court Snapshots

COURT SNAPSHOT Court Work of Additional Leadership and 13 Snapshot the Court Court Services Governance Appendices

of Appeal. Judicial Registrar Irving joined clearer audio quality. The changes will New judicial officers the Supreme Court in March 2016 as support the increasingly digital nature During the 2019–20 reporting period judicial registrar in the Court of Appeal. of hearings. The work that had been there were changes among the Court’s Judicial Registrar Irving moved to the done pre-pandemic greatly assisted in judicial officers, including the Trial Division in March 2020, into a role transitioning the Court to a primarily appointment of three new judges, the previously held by former Judicial remote operating model. elevation of a judge from the Trial Division Registrar Daniel Caporale, who was A detailed design to renew security to the Court of Appeal and changes to farewelled from the Court on 28 February infrastructure across the Court’s buildings the roles of judicial registrars. 2020 to become chief executive officer was also finalised by the Security, Risks of the . and Assets team, with implementation Justice Michael Sifris was appointed works due to be completed in 2020–21, to the Court of Appeal from the Trial subject to funding. Division on 2 June 2020, and three judges were appointed to the Trial Key upgrades Division: eFiling During the 2019–20 financial year, the Provisions for electronic filing (eFiling) – Justice Lisa Nichols (22 October 2019) Court continued to adapt and transform of documents continue to transform the both physically and digitally to continue – Justice Jim Delany (2 June 2020) work of the Court. operating as an outstanding, modern – Justice Kathryn Stynes (22 June 2020). superior court. There was considerable planning and development to prepare for eFiling of Judicial Registrar Julian Hetyey was Physical buildings probate matters to allow solicitors and self-represented litigants to apply appointed an associate judge on Critical building and infrastructure for grants of probate and administration, 11 February 2020. capital works projects continued to and track their applications online. The improve essential services across the On 5 February 2020, Martin Keith was transition will be completed in the next Court’s multiple sites. appointed as a judicial registrar, joining reporting period. the Court’s Common Law Division and The Court continued to look at how it The Court of Appeal also introduced working alongside Judicial Registrar could most effectively use its buildings eFiling in September 2019. All registries Julie Clayton in a newly created position. and spaces, many of which are heritage are now operating with the eFiling system Judicial Registrar Keith is responsible for listed. Upgrades designed to increase following the earlier transition of the early case management and hearing and capacity and flexibility of courtrooms Commercial Court, Common Law Division determining interlocutory applications, commenced in the Trial Division building. and Costs Court in July 2018, and the primarily in the Court’s Trusts, Equity Jury boxes, witness stands and docks Criminal Division in January 2019. and Probate List and Judicial Review in Court 5, Court 10 and Court 12 were and Appeals List. refitted and expanded to better allow The announcement that Tim Freeman both criminal and civil division matters and Fiona Steffensen would be appointed to be accommodated under normal Engaging the as judicial registrars was made on conditions. With the myriad challenges 23 June 2020. Judicial Registrar posed by the COVID-19 pandemic, the community Freeman’s role was effective 13 July Court initiated a project to enable the 2020, and he fills the judicial registrar resumption of criminal trials and to The Court continued to engage with the position in the Criminal Division following identify spaces that will allow for jury public, the legal profession and students Judicial Registrar Mark Pedley’s return to trials to be accommodated in a COVID- in 2019-20. safe manner and in line with anticipated the Court of Appeal (see below). Judicial The Court of Appeal sat in Mildura and State Government advice on restrictions Registrar Steffensen’s role was effective the Latrobe Valley, although circuits and social distancing requirements as from 14 December 2020 and she fills planned for Horsham and did not the pandemic response develops. the position vacated by former Judicial proceed because of COVID-19 restrictions. Registrar Julian Hetyey. The eCourts transformation project is In October 2019, however, the Court of The reporting period also marked the rapidly drawing to a conclusion, with Appeal sat at a university for the first time, return of Judicial Registrar Mark Pedley 13 courtrooms upgraded during the with Monash University’s Law School to the Court of Appeal in March 2020. reporting period. These upgrades making its moot court available. include a vast network of new cabling, Judicial Registrar Pedley was one of the The Court continued to be active on television screens and acoustic Supreme Court’s first judicial registrars, Twitter and Facebook. Tweets more than improvements, allowing for virtual working in the Court of Appeal from 2011 doubled in 2019-20, with 328 tweets by hearings, evidence display, improved until 2015. He was appointed as judicial the Court, compared with 140 in 2018-19. video links with prisons, greater flexibility registrar in the Criminal Division in 2017, Follower numbers grew by more than for witnesses and Court users, and before his latest move back to the Court 7%, from 17,715 to 19,072. The Court also ANNUAL REPORT About At a 14 2019–20 the Court Glance Foreword

made 92 posts on Facebook during the Response to Sharing information with Court financial year, with follower numbers users and the legal profession growing by more than 15%, from 2,497 COVID-19 to 2,888. A virtual hearings page was established The onset of COVID-19 saw changes to on the Court’s website, and a range of Following on from the successful release the way judicial officers and Court staff publications to assist the legal profession of seven episodes of the Court’s Gertie’s worked, how the Court provided services with the transition to virtual hearings was Law podcast in 2018-19, a further seven and how matters and hearings were developed, including an explanation of episodes were made and released conducted. Many projects planned for virtual hearings in the Court, technical between 1 July and 11 September 2019. In the months and years ahead were FAQs and platform user guides for April 2020, Gertie’s Law was recognised accelerated in response to a need for remote access technology. at the New York Festivals Radio Awards, remote and partially remote Court The Court ensured that the legal winning the Education Podcast category arrangements. from a shortlist of international entrants. profession was kept aware of developments and changes as the year As at 30 June 2020, the full 14 episodes Preparing the Court have been downloaded 233,717 times progressed. In May 2020, for example, across 137 countries. When the pandemic struck, the Court Chief Justice Anne Ferguson activated its Business Continuity Plan, participated in an online webinar with the Prior to COVID-19, the Court held several supported by a team drawn from across Victorian Bar and spoke about how community engagement events. On different areas of the Court. As part of COVID-19 was impacting the Court. The Sunday 28 July 2019, roughly 2,000 that response, a Virtual Hearing Court also assisted the ABC with a news people visited the Trial Division building, Taskforce was established on 19 March story about how virtual hearings and including the Law Library of Victoria, 2020 to oversee the development of ideoconferencing were being used. Court 4 and Banco Court, as part of the broader solutions, processes and In another example, on 11 June 2020 Open House Melbourn festival. Planning procedures to support a virtual hearing the Supreme Court and the County was underway for the Supreme Court model, where matters could be heard Court jointly hosted the webinar ‘The dos to participate in the annual Courts Open with some or all participants connecting and don’ts of virtual hearings’, with more Day, held as part of the Victoria Law remotely. Much of the work of the than 240 members of the legal Foundation’s Law Week in May 2020. Taskforce has now been incorporated profession participating. The webinar However, the event was cancelled in into the relevant business-as-usual took form of a panel discussion between March 2020 as a result of COVID-19. teams, particularly the IT and Digital the Supreme Court’s Justice Andrew Support and Digital Litigation teams. The Law Library of Victoria also Keogh and Judicial Registrar Julie launched a refreshed website in early The IT and Digital Support team also Clayton, County Court Judge Arushan 2020, improving the search function steered a number of infrastructure, Pillay and Richard Attiwill QC. The panel and providing seamless access to hardware, software and platform discussed their experience with virtual authoritative legal information when integration and upgrade projects, hearings and provided their dos and and where members of the including expanding the IT service don’ts and tips and tricks, from putting and the legal profession needed. desk function to assist the Court to yourself on mute when not speaking to Additional exclusive content was also seamlessly transition to a predominantly cross-examining witnesses in virtual made available to practitioners. With remote working model. proceedings. Webinar participants had the temporary closure of physical library the opportunity to submit questions to The People, Wellbeing and Culture spaces on 25 March 2020, the website the panel via a live Q&A function. became the primary place to access team prepared information guides library services. The library conducted and assistance for Court staff working Remote hearings and access more than 33 inductions and legal remotely and on-site, introduced a Across the Court’s divisions, technology database training sessions for legal variety of wellbeing initiatives, and such as Webex, Zoom and Vimeo was practitioners, and more than 1,052 conducted virtual ergonomic used to facilitate virtual hearings (with practitioners attended library events assessments. The team coordinated the all parties and judicial officers appearing in 2019-20. delivery of a wide range of equipment to judicial officers and staff to ensure remotely) or partially virtual hearings, proper occupational health and safety and remote access to hearings for standards were maintained while observers. Between 16 March and 30 working remotely. June 2020, the Court held 2,575 virtual hearings in addition to hundreds of other Additionally, guided by specialised online court meetings. Of those virtual advice in relation to COVID-safe hearings held, 65% were held via Zoom practices, procedures and systems to and 25% via Webex, with the remainder ensure the safety of people working in using teleconference and Skype and visiting the Court’s buildings were technology. On 28 April 2020, changes developed and implemented. were approved to enable the daily Court Work of Additional Leadership and 15 Snapshot the Court Court Services Governance Appendices

hearing list to reflect the current further savings were achieved through the methods of hearing matters, including narrowing of issues as a result of mediation. virtual hearings. Vimeo video streams, which allowed Court registries observers to remotely view hearings Registries across the Court adjusted without having to be connected via their operations to ensure there was Webex or Zoom, were also used, minimal disruption to service delivery. avoiding overburdening the remote As the Court had already transitioned hearing technology and ensuring that to eFiling in many areas, it was well hearings remained accessible to a wide placed to commence working remotely. range of participants. Many judgments Solutions were also found for elements and decisions were also sent by email of the Court’s operations that were not to the parties and some matters were yet digitised, including subpoena determined ‘on the papers’, so physical management and document delivery. attendance at the Court would not A limited on-site registry presence be required. was also maintained throughout the pandemic. Registry doors remained Conduct of proceedings open for those members of the Victorian community that required in-person Jury trials in both the Criminal Division support, within the health restrictions and the Common Law Division were issued by the Chief Health Officer. suspended from mid-March 2020. The Probate Office dispensed with In the Common Law Division, save for the requirement to file an affidavit exceptional circumstances, trials in of searches on the day of filing an which parties had requested a jury application, enabling all applications proceeded before a judge sitting alone. to be filed via post (pending the Significant work was undertaken by the introduction of eFiling for probate Criminal Division, including consulting matters). with the legal profession and other courts, to prepare for jury trial resumptions with COVID-safe measures, Law Library of Victoria implement changes allowing for judge- The Law Library of Victoria provided alone trials, and judge-alone fitness 24/7 access to full-digital services for investigations and special hearings. judicial officers, practitioners and library The Criminal Division also introduced a staff working from home. Key decisions system for fast-tracking homicide cases made early ensured the Library was able from the Magistrates’ Court to relieve to maintain services and extend the the pressure of their growing backlog digital offering to legal practitioners, in and to expedite Supreme Court cases particular through publisher offers and into its jurisdiction. fast-tracking digital access projects. Legal practitioners were also provided Alternative Dispute with unprecedented, continuous access to an extended range of curated content Resolution Centre via the library website. A webpage was In late March 2020, the Alternative also developed listing freely available Dispute Resolution (ADR) Centre resources on the public website. transitioned to an entirely remote operating model, conducting all New lawyers mediations via Zoom. The efficiencies Due to restrictions on crowd numbers of online operations, including removing implemented in March 2020, the Court the need for parties to travel and suspended admission ceremonies for managing the availability of rooms, new lawyers. Before the suspension, allowed more matters to be 1,311 lawyers were admitted in person. accommodated. An ‘on the papers’ method was This coincided with a change to mediation developed, where new lawyers eligibility which saw the Centre receive electronically submitted their signatures, 27% more referrals than the previous which were then added to the physical financial year. In 2019–20, resolutions at roll. During the reporting period, 543 mediation saved 1,209 trial days, while lawyers were admitted in this way. ANNUAL REPORT About At a 16 2019–20 the Court Glance Foreword Work of the court

WORK OF THE COURT Court Work of Additional Leadership and 17 Snapshot the Court Court Services Governance Appendices

Court of Appeal

ABOUT THE DIVISION

The Court of Appeal hears appeals from decisions made in the Supreme and County Courts as well as some decisions of the Victorian Civil and Administrative Tribunal (VCAT). The Court reviews the record of the trial in order to decide whether it was conducted properly and that the law was correctly applied.

The Court hears both civil appeals and criminal appeals.

Overview Key points Both the criminal and civil divisions saw Police Informants required particularly an increase in the median finalisation time lengthy preparation time. 1 (civil: 7.4 months to 8.9 months; criminal: The Court of Appeal marked 7.4 months to 10.4 months), linked to an The clearance rate of matters over its 25th anniversary in 2020. increase in complex and urgent matters. 12 months old declined, although the Applications related to the Royal Court met case backlog and on-time Commission into the Management of case processing benchmarks.

2 Total cases (appeal and leave to appeal) New matters filed decreased 20%, while finalisations increased 2018–19 2019–20 Variance 8%, resulting in pending matters Initiations 450 361 -19.8% decreasing 12%. Finalisations 372 400 7.5% Pending 316 277 -12.3% 3 Courtroom technology upgrades enabled hearings Civil cases to continue during COVID-19 restrictions, improving access Civil cases for the press and public to view proceedings remotely. 2018–19 2019–20 Variance Initiations 153 121 -20.9% Finalisations 129 140 8.5% Pending 108 89 -17.6% ANNUAL REPORT About At a 18 2019–20 the Court Glance Foreword

Clearance rate and on-time case processing

CHIEF JUSTICE 2018–19 2019–20 Benchmark Chief Justice Ferguson Clearance rate 85% 116% 100% PRESIDENT Cases finalised within 12 months 88% 68% 75% Justice Maxwell Cases finalised within 24 months 98% 100% 90% JUDGES Cases finalised >24 months 1% 0% 0% Justice Tate Justice Whelan (retired March 2020) Median time to finalisation (months) Justice Priest Justice Beach 2018–19 2019–20 Justice Kyrou Justice Kaye Civil appeals 7.39 8.9 Justice McLeish Justice Niall Justice Hargrave Justice T Forrest Criminal cases Justice Emerton Justice Sifris Criminal cases (appointed June 2020) 2018–19 2019–20 Variance ADDITIONAL JUDGES OF APPEAL Initiations 297 240 -19.2% Justice Croucher Finalisations 243 260 7.0% Justice Incerti Justice Riordan Pending 208 188 -9.6% Justice Kidd Justice Kennedy Justice Quigley Clearance rate and on-time case processing Justice Taylor Justice Tinney 2018–19 2019–20 Benchmark Clearance rate 82% 108% 100% RESERVE JUDGES Cases finalised within 12 months 87% 64% 75% Justice Ashley Justice Weinberg Cases finalised within 24 months 100% 100% 90% Justice Osborn Cases finalised >24 months 0% 0% 0% Justice Lasry

JUDICIAL REGISTRARS Median time to finalisation (months) Judicial Registrar Irving (until March 2020) 2018–19 2019–20 Judicial Registrar Pedley Appeals against conviction/conviction 9.6 12.90 (from March 2020) and sentence Appeals against sentence only 7.4 10.50 Time to finalisation (total for all criminal 7.4 10.40 cases) Court Work of Additional Leadership and 19 Snapshot the Court Court Services Governance Appendices

The Queen [2019] VSCA 163, Cardamone Police Informants, filed several of Court of Appeal’s v The Queen [2019] VSCA 190, Hague v these applications. The Supreme Court 25th anniversary The Queen [2019] VSCA 218, Aston v The (Criminal Procedure) Rules 2017 were Queen [2019] VSCA 225, DPP v Ristevski subsequently updated and Practice June 2020 marked 25 years since [2019] VSCA 287 and Jaymes Todd v Note SC CA 4 ‘Second or subsequent Victoria first gained a permanent The Queen [2020] VSCA 46 were also appeal against conviction for an appellate court. After a ceremonial recorded and made available. indictable offence’ was issued. sitting on 8 June 1995, the first appeal was heard on 13 June 1995, which is honoured as the Court of Appeal’s anniversary. eFiling Court Community The inaugural president, Justice documents engagement , held office until 2005, succeeded by Justice Maxwell. In September 2019, the Court of Appeal Following the successful pilot of a Originally comprising 8 permanent introduced eFiling of criminal and civil one-day student observation program, judges (including the Chief Justice), appeal documents through the RedCrest the Court of Appeal hosted Victorian there are now 13 permanent members. system. Parties can also access copies of university law students. Students had selected documents through RedCrest. the opportunity to meet judges, Court staff and counsel and observe an appeal proceeding. The program is expected Circuit sittings to continue. COVID-19 response The Court has regular circuit sittings in Appeal judges met with community regional Victoria. In 2019-20, the Court Courtroom technology upgrades organisations, legal practitioners and sat at Mildura (August 2019) and the enabled the hearing of most listed local students while on circuit, enabling Latrobe Valley (March 2020). COVID-19 matters during the COVID-19 pandemic. the judges to talk about the work of the restrictions prevented circuits planned While initially parties appeared Court and gain an understanding of for Horsham (May 2020) and Ballarat remotely, ultimately all parties and challenges facing regional communities. (May 2020). judges appeared remotely as restrictions increased. Private links on Vimeo allowed remote viewing of proceedings by parties, the press and the public, Court of Monash University avoiding overburdening the remote Appeal Registry sitting hearing technology. Virtual hearing technology will continue The Court of Appeal Registry is In October 2019, the Court of Appeal to be used post-COVID-19, given they responsible for the administrative sat for the first time at a university. An provide greater capacity for the press functions of the Court. Judicial appeal hearing against conviction and and the community to view proceedings. Registrar Mark Pedley and registry sentence for drug-related offences staff, including deputy registrars was held at Monash Law School’s moot (legal and administration), lawyers and courtroom. While the judges and lawyers registry officers, work collaboratively were present in the courtroom, the Changes to to support judges, the legal profession applicant appeared via video link. This and the public and ensure the efficient sitting gave law teachers and students appeals legislation management of matters. an opportunity to witness an appeal In December 2019, new provisions of the Registry officers undertake legal and hearing and meet judges of appeal. Criminal Procedure Act 2009 came into administrative functions, including case force, allowing for second or subsequent managing criminal and civil applications, appeals against conviction. providing procedural advice and listing appeals or applications for hearing. Webcasting and A convicted person who has already exhausted rights of appeal may seek Lawyers within the Court actively livestreaming to bring a new appeal, provided there manage matters from commencement The Court continued webcasting some is fresh and compelling evidence to completion, working closely with criminal applications and livestreaming showing a substantial miscarriage of judges and their staff to ensure they matters of high public interest, including justice has occurred. Former clients of have all the relevant information to make the two-day hearing (and publication of barrister Nicola Gobbo, whose conduct a decision, such as preparing a summary judgment) in v The Queen is being examined by the Royal of facts and issues arising in an appeal. [2019] VSCA 186. Judgments in Orman v Commission into the Management of ANNUAL REPORT About At a 20 2019–20 the Court Glance Foreword

Trial Division Criminal Division

ABOUT THE DIVISION

The Criminal Division hears and determines the most serious criminal cases prosecuted in Victoria, such as murder, manslaughter and attempted murder, as well as other very significant criminal prosecutions such as terrorism offences, major fraud and drug offences. The Criminal Division also hears appeals against convictions and sentences imposed by the chief magistrate and the president of the Children’s Court, and applications and reviews under various legislation, including the Bail Act 1977, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, and the Serious Offender Act 2018.

Overview Key points The 2019-20 financial year was like clearance rate was the culmination of no other in the history of the Criminal approximately 2 years of heightened trial 1 Division. The impact of the COVID-19 activity, with the number of pending A dynamic response to the pandemic on the entire criminal justice cases being reduced from 140 in January impact of the COVID-19 pandemic system required a dynamic and flexible 2019 to 86 at the end of 2019-20. included the introduction of response from the Criminal Division During the reporting period, the number entirely remote hearings via to ensure the state’s most serious of pending cases aged greater than 12 Webex, reforms to the Criminal criminal cases continued to progress months more than halved to 20 cases, Division’s bail listing practices and to determination. compared to a high of 45 in April 2019. procedure and adoption of a The number of complex Commonwealth more intensive case management Key performance indicators such as cases also reduced to just 4, after being approach to criminal trials. clearance rates, case backlog and on-time case processing, show that the as high as 25 (in November 2018). This Criminal Division played an important is important as the complexity of role in the continued delivery of justice, Commonwealth cases, together with 2 despite the challenges caused by the the required commitment of judicial pandemic from mid-March 2020. The resources and number of hearing days, More accused had their cases most significant challenge was the can significantly impact the Criminal finalised by way of trial than in suspension of jury trials for the Division’s overall performance data. the previous two financial years remainder of the financial year. despite the suspension of jury On-time case processing, which trials from March 2020. A move to entirely remote hearings via measures time from initiation to online video conferencing software finalisation, shows cases took longer (Webex) from March 2020 required the to finalise in 2019-20 than in previous years. This is not a consequence of the 3 devotion of significant resources and training, but was overall a success. pandemic, as cases impacted by the The ‘fast-tracking’ of homicide pandemic are yet to finalise and are The Criminal Division’s case clearance rate cases was introduced from March therefore not captured in this measure. in 2019-20 was 120%. Lower than usual 2020 and involved the Criminal Seventeen per cent of cases that initiations had an impact on this indicator: Division managing a number of finalised this financial year were aged there were no new Commonwealth pre-trial steps normally conducted over 24 months, compared with about prosecutions initiated during this financial during a committal hearing. This three per cent in the previous financial year, and the pandemic slowed, but did process aimed to relieve some year. This longer-than-usual time to not entirely halt, new initiations. This of the listing pressures on the finalisation can be attributed primarily to Magistrates’ and Children’s Courts during the COVID-19 pandemic. Court Work of Additional Leadership and 21 Snapshot the Court Court Services Governance Appendices

the finalisation of a number of complex option. This is compared to 12 cases Commonwealth cases – 14 over this during the same period in 2018–19. PRINCIPAL JUDGE financial year alone, compared with The rapid move to virtual hearings was Justice Hollingworth 20 over the preceding 4 financial years also a hallmark of the pandemic, and combined – as well as the finalisation of was integral to the continuation of the JUDGES 2 long-standing prosecutions (involving Criminal Division’s work while movement Justice Hollingworth 5 separate accused) connected with the was restricted within the community. Justice Croucher Hazelwood mine fire. Justice Beale Using Webex, judicial officers and Court Justice Jane Dixon Additionally, the Criminal Division staff, the accused, their lawyers and the Justice Champion reduced its backlog of cases aged prosecution all appeared at hearings Justice Taylor greater than 12 months to the lowest remotely. Two-thirds of hearings in the Justice Tinney level since early 2018, largely due to last quarter of 2019–20 were conducted the finalisation of the Hazelwood mine virtually, with at least one participant RESERVE JUDGES proceedings. (excluding the accused or applicant) Justice Coghlan appearing remotely from the courtroom. Justice Lasry The impact of the pandemic Bail applications increased significantly The impact of the pandemic on the from March 2020. Over the last quarter JUDGES WHO SERVED IN Criminal Division’s key performance THE DIVISION IN 2019–20 of 2019–20, the highest quarterly indicators was modest for the 2019–20 number of new bail applications on Justice Priest (Court of Appeal) financial year, but will continue to record were made (65 applications), Justice Beach (Court of Appeal) manifest in the next financial year 91% higher than the equivalent period Justice Kaye (Court of Appeal) and beyond. in the previous financial year. Justice Niall (Court of Appeal) Justice T Forrest (Court of Appeal) In the last quarter of 2019–20 during the To avoid significant interruptions to Justice Emerton (Court of Appeal) first phase of the pandemic, the Criminal those subject to Crimes (Mental Justice Incerti (Common Law Division was still able to finalise 34 Impairment and Fitness to be Tried) Division) indictment cases despite the suspension Act (‘CMIA’) orders, CMIA matters were Justice Macaulay of jury trials from 16 March 2020. This is managed largely ‘on the papers’, (Common Law Division) compared with 32 finalisations for the overseen primarily by Justice Taylor. Justice Keogh (Common Law same period in the previous financial year. Eight matters were determined or Division) The Criminal Division did not see a otherwise dealt with during the last Justice Riordan (Commercial Court) substantial decline in cases being quarter of 2019–20, half of which were in Justice Elliott (Commercial Court) committed despite the suspension of accordance with the Court’s guidance Justice Almond (Commercial Court) committal proceedings in the ‘Managing Crimes Mental Impairment Justice Nichols (Commercial Court) Magistrates’ Court. In collaboration with applications during COVID-19’. One other Justice Weinberg (Reserve Judge) the Magistrates’ Court, the Criminal matter was adjourned to February 2021 Division introduced a new initiative to in light of the impact of COVID-19 on the JUDICIAL REGISTRAR ‘fast-track’ murder and manslaughter reviewee’s plans for transitioning into the Judicial Registrar Pedley cases to the Supreme Court. This community that are to be presented at (until February 2020) process, aimed at assisting the the upcoming review. Magistrates’ Court with its backlog of committal proceedings and expediting Virtual hearings cases into the jurisdiction of the The introduction of eFiling in 2019 Supreme Court, involves an accused meant that the Criminal Division was electing to be committed to the Supreme well-equipped to move towards entirely Court prior to the substantive committal virtual hearings during the pandemic. process occurring. Instead, pre-trial case The eCourt transformation project also management, including resolving issues meant that most of the Criminal around disclosure and pre-trial Division’s courtrooms were already examination of prosecution witnesses equipped to facilitate entirely remote pursuant to s 198B of the Criminal hearings, with the balance upgraded Procedure Act 2009, are managed in towards the end of the financial year. the Supreme Court. Close collaboration with other During the last quarter of 2019–20, jurisdictions, as well as Corrections 16 cases were committed to the Supreme Victoria and other Court users, was Court, including 11 under the ‘fast-track’ required in order to ensure all parts ANNUAL REPORT About At a 22 2019–20 the Court Glance Foreword

of the justice system integrated to accommodate remote hearings. Trials and pleas This required extensive consultation between the Criminal Division and Finalised trials and pleas Corrections Victoria in particular, which assisted in the rollout of Webex 2018–19 2019–20 technology in Victorian prisons. Trial/special hearing1 34 39 Plea2 71 53 Significant legislative reforms Discontinuance 7 4 The COVID-19 Omnibus (Emergency 8 7 Measures) Act 2020 (the COVID Act) Transfer to County Court introduced a number of significant Other3 1 6 changes to practice and procedure Total 121 109 across the Criminal Division from April 2020. The COVID Act made 1 This category includes cases finalised by way of a jury verdict as well as CMIA findings – amendments to the Criminal Procedure consent or otherwise. Act, the Bail Act, the CMIA, the Oaths and Affirmations Act 2018,the Open 2 Cases where there is a plea of guilty during trial are counted within the ‘Plea’ category. Courts Act 2013 as well as a number of 3 ‘Other’ includes proceedings where a stay of the prosecution was ordered. other acts and regulations relevant to the operations of the Criminal Division. Significantly, for the first time in Victoria’s history, the COVID Act introduced the option of judge-alone easing of restrictions permitted it. detailed below. In 2019–20, the Criminal trials for prosecutions on indictment in Division heard 385 criminal applications, the superior courts. It also introduced Overall, trial activity was down in compared with 392 in 2018–19. judge-alone fitness investigations and 2019–20 to 579 days compared with 903 special hearings for proceedings under days in 2018–19. This can be attributed to Of all applications dealt with by the the CMIA. The full impact of these, and the suspension of jury trials from 16 Criminal Division, bail applications other changes introduced under the March 2020. At the end of February were the most significantly impacted COVID Act, did not fully materialise 2020, the Criminal Division had heard by the pandemic. In relation to CMIA given their introduction in the fourth 506 trial days. Over the last 4 financial applications, as noted above, the quarter of the financial year. However, years, the Criminal Division had heard an Criminal Division implemented a COVID the Criminal Division undertook average of 413 trials days by the end of guidance, ‘Managing Crimes Mental significant work to prepare for and February. Only 2018–19 had more trial Impairment applications during implement these changes, including days by the end of February (559 days). COVID-19’, which allowed for a more extensive consultation with the flexible approach to CMI applications and profession and other courts, intensive Criminal applications reviews, particularly due to the case management of trial matters to In addition to hearing and determining limitations on in-person hearings and determine their suitability for judge- serious criminal cases on indictment, clinician contact with patients. Almost all alone trials and the publication of the Criminal Division deals with a large covert or confidential applications, protocols and guides for the legal volume of criminal applications. These traditionally heard in closed court, were profession, such as the ‘COVID-19 trial applications are mainly those made determined on the papers without by judge-alone’ protocol, and a guide pursuant to the Bail Act, the CMIA appearances by the parties in court to the fast-tracking of homicide cases. and Serious Offenders Act. The Criminal during the pandemic. This was achieved as a result of cooperation from the Additionally, significant work was Division also determines a significant investigative agencies, their legal undertaken in the fourth quarter of volume of confidential and covert representatives and the Office of the the financial year to prepare for the applications under various Victorian and Public Interest Monitor. resumptions of jury trials when the Commonwealth Acts, which are further Court Work of Additional Leadership and 23 Snapshot the Court Court Services Governance Appendices

Bail related applications 2018–19 2019–20 The pandemic had a significant impact Bail related applications heard1 197 210 on the number of bail applications made in 2019–20. Of the total of 210 1 The ‘heard’ figures in the above table include straight-forward extensions and variations granted bail applications, 44% (92 applications) ‘on the papers’ or pursuant to an oral application. The number of these secondary orders/applications were filed, heard and determined during is disproportionately high relative to the number of primary applications filed that typically consume the pandemic, despite the pandemic more judicial time. accounting for just over a quarter of the financial year. During the final quarter of 2019–20, the Criminal Division recorded the highest-ever number of primary bail applications initiated (65 applications). The next highest number by quarter (54 applications) was initiated in the second quarter of 2017–18.

Serious Offenders Act 2018–19 2019–20 proceedings Serious Offender Act applications, 17 17 Following the significant increase reviews and breaches heard in detention and supervision order applications last financial year due to the commencement of the new Serious Offenders Act (which expanded the regime to capture serious violent as last financial year. This represents a offenders made subject to supervision offenders), in 2019–20 the Criminal sustained increase from the previous orders by the Court. During 2019–20, the Division again heard 17 serious offender financial years in which no contravention Court also used its power to make an proceedings. Included in that number are proceedings were heard between emergency detention order under the two prosecutions for contraventions of 2012–13 and 2017–18. The increase can Serious Offenders Act for the first time. supervision order conditions, the same largely be attributed to the increase in

CMIA proceedings 2018–19 2019–20 People placed on custodial or non- CMIA applications and reviews heard1 35 33 custodial supervision orders by the Court following a finding under the CMIA are 1 managed by the Criminal Division for the This only involves applications and reviews following the imposition of a supervisory order – it does not include CMI findings – consent or otherwise. duration of that order, including hearing applications for variation or revocation of supervision orders, applications for extended leave, court-ordered reviews and major reviews required by the CMIA. agreement by the parties. In some evidence, and a number of matters were matters where agreement on a particular determined by way of further written During the pandemic, between April issue could not be achieved, a virtual submissions or addendums to expert and June 2020, eight CMIA matters hearing took place. Practitioners in these reports where appropriate. were heard. Four were determined matters were especially proactive in on the papers in chambers following confining the issues requiring viva voce ANNUAL REPORT About At a 24 2019–20 the Court Glance Foreword

Confidential applications 2018–19 2019–20 Each year, the Criminal Division Confidential applications heard 143 125 determines a large number of confidential or covert applications, which are dealt with in closed court or on the papers. The majority of confidential applications Independent Broad-based Anti- the number of confidential applications are made under the Surveillance Devices corruption Commission Act 2011 and brought during periods of restricted Act 1999, but in 2019–20 the Criminal the Service and Execution of Process movement in the community. Division also heard a number of Act 1992. Significantly, the Court heard only 15 applications under the Major Crimes applications in the last quarter of (Investigative Powers) Act 2004, the During the pandemic, the Court 2019–20, compared to 35 in 2018–19. Witness Protection Act 1991, the experienced a significant decrease in

the Court and the Criminal Division. particularly in relation to the significant Circuit sittings The Criminal Registry played a key role changes to operations that were A fundamental element of the criminal in this work, including supporting the introduced in response to the pandemic. justice system is access to justice Criminal Division through the transition The Criminal Division also participated regardless of physical location, remote to virtual hearings, leading discussions in a number of projects and working or otherwise. Hearing and determining around management of CMIA matters groups led by external stakeholders, cases in regional court locations is with stakeholder groups, designing and including: therefore an important part of the implementing electronic filing methods Criminal Division’s work. In 2019-20, where material was unable to be eFiled – the Intermediary Pilot Program (IPP) there were 106 hearings in the 8 regional via RedCrest due to the sensitivity of Multi-Jurisdictional Committee, which courts of Ballarat, , , the material or its size, and focusing has developed a consistent approach Horsham, Mildura, , on continually improving internal to practice and procedure in relation and . practices to dynamically respond to to the use of intermediaries for child the challenges the pandemic presents and cognitively impaired witnesses in As was the case with Melbourne to a court environment. criminal proceedings jury trials, all regional sittings were suspended from mid-March 2020 – the Body Worn Camera Reference due to the pandemic. This prevented Group, which involved input on the the Court from attending a number of Engaging with implications and impact of the body- circuit sittings that had been listed in worn camera roll-out by Victoria the final quarter of the financial year. Court users Police across the justice system Nonetheless, in conjunction with the The Criminal Division Liaison Group – the Summary Appeals Reform County Court, significant work and met on a number of occasions during Working Group, whose focus is planning commenced during the end of the year. Chaired by Justice on the procedural changes required 2019-20 around the return of regional Hollingworth, the group comprises to implement reforms relating to de sittings as soon as circumstances permit. representatives from the Office of Public novo appeals Prosecutions (Vic), Commonwealth – the AVL Scheduler Replacement Director of Public Prosecutions, Law Project Working Group Institute of Victoria, Criminal Bar Criminal Division Association, Victoria Legal Aid, Victoria – a number of different cross- Registry Police and the other courts. jurisdictional collaboration efforts in response to the COVID-19 pandemic. Meetings of this group are an essential The Criminal Registry provides specialist form of communication between the legal and administrative support to the Court, the profession and other Court judges of the Criminal Division. Judicial users, providing a forum for consultation Registrar Pedley worked with the with and feedback from Court users on Criminal Division until February 2020, changes to practice and procedure after which he took up the role of within the Criminal Division. The Court Judicial Registrar of the Court of Appeal. thanks the constructive and collaborative The start of the pandemic in March led manner in which members of this group to huge changes in the operations of have worked with the Criminal Division, Court Work of Additional Leadership and 25 Snapshot the Court Court Services Governance Appendices

Trial Division Commercial Court

ABOUT THE DIVISION

The Commercial Court determines commercial disputes, including complex matters involving significant monetary claims. Judges with extensive commercial expertise and experience oversee both generalist and specialist lists within the division, and are supported by associate judges, judicial registrars and the specialist Commercial Court Registry.

Overview Key points The Commercial Court’s workload cases were processed within 24 months remained consistent during the reporting of initiation, just below the benchmark 1 period, with initiations decreasing of 90%. Pending matters also decreased In response to the COVID-19 5.8% and finalisations decreasing 1.4% 16.3% during 2019–20. pandemic, the Court rapidly compared to 2018–19. However, these These results have been achieved embraced technology to decreases were generally ‘corporations despite the impact of COVID-19 and continue hearings remotely – winding up in insolvency’ and ‘mortgage matters within the division becoming wherever possible and recovery’ matters, both of which were more complex. Commercial proceedings minimise adjournments. subject to changed regulatory conditions are underpinned by the Court’s long- to avoid unnecessary insolvencies due term move towards eFiling, electronic to COVID-19. court files and digital litigation. 2 The division’s overall clearance rate was Continued reforms also contributed to the 112%, surpassing the benchmark of 100%. results, such as some less-complex Initiations spiked at the onset of In addition, 82% of cases were processed matters being dealt with by associate COVID-19, with overall workload within 12 months of initiation, exceeding judges and judicial registrars, thus freeing across the division remaining the benchmark of 75%, while 88% of judges up for more involved cases. consistent throughout the reporting period. Total Cases

2018–19 2019–20 Variance (%) 3 Initiations 2,727 2,570 -5.8% The Court implemented early Finalisations 2,916 2,876 -1.4% triaging of cases to reduce Pending 1,874 1,568 -16.3% unnecessary delays and shorten times to resolution.

Clearance rate and on-time case processing

2018–19 2019–20 Benchmark (%) Clearance rate 106.9% 111.9% 100% Cases finalised within 12 months 82.0% 82.3% 75% Cases finalised within 24 months 90.7% 88.4% 90% Cases finalised >24 months 9.3% 11.6% 0% ANNUAL REPORT About At a 26 2019–20 the Court Glance Foreword

PRINCIPAL JUDGE Judge-managed cases Justice Riordan Commercial Court judge-managed initiations decreased 1.2%, a difference of only JUDGES 5 cases compared with the previous financial year. Finalisations increased 3.8% and Justice Bell (until 12 March 2020) pending judge-managed cases decreased a significant 22%. These results are both Justice Croft (until 5 October 2019) positive and unexpected given the restrictions and challenges presented by Justice Sifris (until 1 June 2020 – COVID-19. elevated to Court of Appeal) Justice Almond Justice Digby Judge-managed caseload Justice Elliott Justice Sloss 2018–19 2019–20 Variance (%) Justice Kennedy Initiations 402 397 -1.2% Justice Connock Finalisations 558 579 3.8% Justice Lyons 846 664 -21.5% Justice Nichols Pending (from 22 October 2019) Justice Delany (from 2 June 2020) Justice Stynes (from 22 June 2020)

RESERVE JUDGES Justice Robson Justice Garde

ASSOCIATE JUDGES Associate Justice Derham (until 10 January 2020) Associate Justice Efthim Associate Justice Daly Associate Justice Gardiner Associate Justice Mukhtar Associate Justice Randall Associate Justice Hetyey (from 11 February 2020)

RESERVE ASSOCIATE JUDGE Associate Justice Derham (from 5 March 2020)

JUDICIAL REGISTRARS Judicial Registrar Hetyey (until 10 February 2020) Judicial Registrar Matthews Judicial Registrar Caporale (until 2 March 2020) Judicial Registrar Irving (from 10 March 2020) Court Work of Additional Leadership and 27 Snapshot the Court Court Services Governance Appendices

Judge in charge Corporations List Justice Sifris (until 1 June 2020) Justice Connock (from 1 June 2020) The Corporations List manages applications brought under the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act Judges 2001 (Cth) and constitutes a significant proportion of the division’s workload. Justice Kennedy Justice Connock The accompanying table includes corporations matters managed and determined Justice Robson (reserve judge) by judges, associate judges and judicial registrars.

Associate judges Corporations List Associate Justice Efthim Associate Justice Gardiner 2018–19 2019–20 Variance (%) Associate Justice Randall Associate Justice Hetyey Initiations 1,251 1,257 0.48% (from 11 February 2020) Finalisations 1,370 1,402 2.34% Pending 599 453 -24.37% Judicial registrars Judicial Registrar Hetyey (until 10 February 2020) Despite the decrease in ‘corporations – winding up in insolvency’ matters, initiations Judicial Registrar Matthews and finalisations in Corporations List proceedings remain consistent. Judicial Registrar Irving (from 10 March 2020)

Judge in charge Technology, Engineering and Construction List Justice Digby The Technology, Engineering and Construction List draws together three strands of Judge in charge related disputes in these three areas. Justice Stynes Technology, Engineering and Construction List

2018–19 2019–20 Variance (%) Initiations 35 42 20.0% Finalisations 42 33 -21.4% Pending 49 58 18.4%

Judge in charge Taxation List Justice Croft (until 5 October 2019) The Taxation List hears taxation-related Victorian Civil and Administrative Tribunal Justice Kennedy appeals and objections to decisions of the Commissioner of State Revenue. It also (from 6 October 2019) hears cases that raise a substantial issue about taxation, including taxation recovery or disputes regarding the Goods and Services Tax. Deputy judge in charge Justice Kennedy Taxation List (until 5 October 2019) 2018–19 2019–20 Variance (%) Initiations 15 20 33.3% Finalisations 19 22 15.8% Pending 16 14 -12.5% ANNUAL REPORT About At a 28 2019–20 the Court Glance Foreword

Judge in charge Arbitration List Justice Croft (until 5 October 2019) Both Australian and international commercial arbitration disputes are initiated in this list. They are brought under the International Arbitration Act 1974 (Cth) or Justice Riordan Commercial Arbitration Act 2011 (Vic) and are often urgent. (from 6 October 2019)

Deputy judge in charge Arbitration List Justice Riordan 2018–19 2019–20 Variance (%) (until 5 October 2019) Initiations 9 15 66.7% Justice Lyons Finalisations 9 9 0.0% Pending 2 8 300.0%

Judge in charge Insurance List Justice Almond The Insurance List hears cases where the underlying issue in dispute is commercial. This includes disputes about the application of an insurance or reinsurance policy, claims of loss incurred in a commercial transaction or claims where the insurance relates to a business or property.

Insurance List

2018–19 2019–20 Variance (%) Initiations 7 9 28.6% Finalisations 7 4 -42.9% Pending 9 14 55.6%

Judges in charge Admiralty List Justice Digby The Admiralty List hears shipping litigation matters brought under the Admiralty Act 1988 (Cth). This includes disputes about loss and damage to, or caused by, a ship and loss or damage to goods as a result of them being shipped.

Admiralty List

2018–19 2019–20 Variance (%) Initiations 5 0 -100.0% Finalisations 2 3 50.0% Pending 5 2 -60.0% Court Work of Additional Leadership and 29 Snapshot the Court Court Services Governance Appendices

Judge in charge Intellectual Property List Justice Elliott The Intellectual Property List is suitable for matters concerning allegations of infringement or determination of intellectual property, including copyright, design, patents and trademarks.

Intellectual Property List

2018–19 2019–20 Variance (%) Initiations 3 4 33.3% Finalisations 4 4 0.0% Pending 5 5 0.0%

same period last year. The regulatory for Commercial Court matters and Impact of COVID-19 changes halved these initiations between proceedings in other divisions of the and operating remotely 1 April and 30 June 2020. Court, particularly during the early stages of remote working, until sufficient There were 397 initiations in judge- Impact on workload eLitigation coordinators could be managed matters, a relatively small recruited and trained. There was a significant spike in decrease of only 5 initiations from the initiations in March 2020 when COVID-19 previous financial year. Consequently, the restrictions were commencing. By 31 overall workload for Commercial Court March 2020, initiations across the entire remained consistent throughout the Commercial Court Commercial Court had increased almost reporting period. 10% compared to the same time last year. reforms Move towards operating Registry staff triaged an influx of Second wave of reforms requests for urgent applications. remotely The division continues to develop reforms The most urgent matters were referred In March 2020, the division began rapidly to improve efficiency and provide a more to the duty judge, as per usual practice. transitioning to a remote operating seamless experience for users. However, some matters, while not environment. As initiations were spiking requiring a duty judge, were nevertheless at the time, a number of approaches were In September 2019, implementation relatively urgent. These applications implemented to smooth this transition, of the ‘second wave’ of reforms often related to the anticipated effects such as in-person, socially distanced commenced. This included beginning of COVID-19 on businesses and litigation, hearings and some directions hearings the creation of a single gateway for and were prioritised during the case and applications being decided ‘on the early triaging and allocating commercial allocation process. papers’. These strategies were quickly matters to a judicial officer or transfer overtaken as the move to remote to the Common Law Division or a To facilitate urgent applications, a ‘Notice hearings progressed and became the lower court. The division aims to to the Profession – Urgent Applications COVID-19 operating norm. in the Commercial Court – COVID-19’, reduce unnecessary delays and provided guidance on how the division The division was well-placed for this shorten resolution times through early would manage these types of matters transition, building upon previous work triaging of matters. during the pandemic. such as the implementation of RedCrest As part of these reforms, the Commercial The greatest impact was felt in eFiling, the development of electronic Court Registry assumed responsibility ‘corporations – winding up in insolvency’ court files and holding eTrials for some for the filing and management of matters and ‘mortgage recovery’ matters due matters. This allowed for a seamless that ordinarily require active case to regulatory changes as a result of transition to a remote working management, and which had historically COVID-19 reducing the number of environment, reflected in the relatively been managed by the Principal Registry. initiations in these matters. Between 1 few proceedings adjourned due to This involved supporting associate judges July 2019 and 31 March 2020, the COVID-19. and judicial registrars in the management number of initiations in these matters The Commercial Court Registry greatly of matters such as: managed by an associate judge or assisted this transition, providing judicial registrar exceeded those in the in-court remote technology support – setting aside statutory demands ANNUAL REPORT About At a 30 2019–20 the Court Glance Foreword

– company reinstatements was elevated to an associate judge on – assisting the Common Law Division 11 February 2020, although he continued in conducting pre-trial conferences – extensions of convening periods to oversee the registry pending the in asbestosis and mesothelioma cases – liquidators’ remuneration appointment of a new judicial registrar. – developing of an alternative dispute – leave to proceed resolution options paper concerning Judicial officer movements the use of deputy prothonotaries as – general insolvency matters. and additional case mediators in some Common Law The reforms also resulted in the management support Division specialist lists and Commercial Mortgage Recovery List becoming During the reporting period, Justice Court matters. externally facing, enabling legal Sifris was elevated to the Court of practitioners to enter proceedings into Appeal and Justices Bell and Croft Engaging with Court users this list upon initiation. retired. Justices Nichols, Delany and The Commercial Court continued to engage Stynes subsequently replaced them. with the legal profession and other Court This second wave of reforms builds upon users in a variety of forums during the previous reforms, such as active case Judicial Registrar Hetyey was also reporting period. Commercial Court judges management, appointing the division’s elevated to an associate judge, with his provided several presentations, seminars first judicial registrar and creating a position remaining vacant for the and speeches, including: specialist Commercial Court Registry. remainder of 2019-20 and into the following financial year. – presentations on the principles, practice Group proceedings and emerging themes in corporations Registry staff played a key role in Group proceedings, or class actions, are public examinations at the CPA facilitating transitions, including auditing proceedings brought on behalf of seven Insolvency and Discussion Group proceedings to identify matters that or more people, where the claims arise and the Law Institute of Victoria could be finalised, preparing summaries out of the same, similar or related of cases for reallocation, providing – the keynote speech, ‘Managing complex circumstances and raise substantial case management support during the commercial disputes’, for the VCAT common factual and legal questions. transitions and inducting new judges Planning and Environment List to the division. The number of active Commercial Court – a speech, titled ‘The future of our group proceedings increased from 3 Staff continued to audit pending courts and online dispute resolution’, at 1 July 2019 to 7 at 30 June 2020. It oppression matters, assisting the delivered at Allens law firm is expected that this trend of increasing judge in charge of the Corporations – a seminar delivered at the Melbourne workload will continue. As a result, List in tailoring a case management TEC Chambers called ‘Management of Justice Nichols commenced overseeing approach for each matter, ensuring Technology, Engineering and all Commercial Court group proceedings. these proceedings were managed as Construction (TEC) disputes’ quickly and efficiently as possible. The Commercial Court Registry has also – a presentation to the Commercial worked closely with other areas of the Court Bar Association, called ‘Courts, in unifying group proceedings practices and Participation in Reimagining contracts and COVID-19’, on how processes between the Common Law Registry Services and the different courts were responding Division and Commercial Court. other projects to the challenge of COVID-19 and The Commercial Court Registry has capitalising on the opportunity to continued to participate in a range of enact harmonisation and reforms. projects across the Court, including: Commercial Court Judges also engaged with key – the Reimagining Registry Services organisations in the commercial arbitration Registry Initiative to review and streamline sector, including meeting with Caroline The Commercial Court Registry registry services across the Court Kenny QC, president of the Australian provides a range of administrative, – the At Court Support Initiative, which branch of the Chartered Institute of case management and legal and policy provides basic registry services from Arbitrators, and representing the Supreme support to the division. This includes within the Trial Division building and a Court at the state committee meeting active case management, support to concierge service to assist Court users of the Australian Centre for International schedule trial dates and high-quality with wayfinding Commercial Arbitration. case summaries used at case allocation Associate Justice Efthim also continued his meetings. It also includes preparation of – the File Management Project, which association with the key information, such as statistics and will develop a codified inspection Law School, presenting lectures and listing information, to assist in case regime, formalise electronic archiving masterclasses on mediation and dispute management. of digital files, and review and update corresponding court file integrity and resolution in the COVID-19 world. Judicial Registrar Hetyey, who associated internal policies oversaw the operations of the registry, Court Work of Additional Leadership and 31 Snapshot the Court Court Services Governance Appendices

Trial Division Common Law

ABOUT THE DIVISION

The Common Law Division manages four broad categories of proceedings: claims in property, tort or contract law (including employment and industrial disputes); proceedings relating to wills and estates; proceedings relating to the Court’s supervisory jurisdiction over other Victorian courts, tribunals and public officials; and proceedings arising out of breaches of trust or equitable obligations.

The division employs a highly delegated The specialist list model is particularly Key points model of case management, facilitating appropriate for the Common Law efficient management of matters and Division due to the high volume of more sophisticated and consistent matters. The allocation of a dedicated 1 engagement with Court users. judicial registrar supported by case The Institutional Liability List Proceedings are allocated to 1 of 13 management lawyers to the majority of was created in response to an specialist lists for management by specialist lists in 2019–20 has made influx of cases following judicial officers with relevant expertise. significant reductions in the amount of legislative reform by people Approximately 54% of all proceedings routine interlocutory work done by seeking compensation related commenced in the Supreme Court in associate judges and judges, significantly to childhood sexual or physical 2019–20 were filed in the division. improving the Court’s productivity. abuse. Approval was granted for the appointment of an additional judge to assist with Overview this influx. The Common Law Division continues the previous year. Finalisations were to attract a high number of cases, with up 3.3% in 2019–20 and pending cases 2,993 cases initiated in 2019–20, an up 10%. 2 increase of more than 5% compared to A second judicial registrar was appointed to support case Total cases management in the Judicial Review and Appeals; Trusts, 2018-19 2019-20 Variance Equity and Probate; Valuation, Initiations 2,848 2,993 5.1% Compensation and Planning; Finalisations 2,645 2,732 3.3% and the Property lists. A new registry lawyer was also Pending 2,617 2,878 10.0% appointed to support the Property List. Clearance rate and on-time case processing

2018-19 2019-20 Benchmark 3 Clearance rate (%) 92.9% 91.3% 100% There was a rapid transition to Cases finalised within 12 months 59.6% 59.3% 75% virtual hearings in response to COVID-19 restrictions, with Cases finalised within 24 months 82.7% 82.1% 90% judge-only trials in most jury Cases finalised >24 months 17.3% 17.9% 0% proceedings. ANNUAL REPORT About At a 32 2019–20 the Court Glance Foreword

PRINCIPAL JUDGE Civil Circuit List Justice John Dixon Judge in charge Finalisations in this list declined JUDGES Justice Keogh significantly in 2019–20, with those in Justice Cavanough May and June 2020 noticeably lower Justice Macaulay Judicial registrar than 2019, likely due to COVID-19 Justice McMillan Judicial Registrar Clayton restrictions. As a result, the number of Justice Ginnane pending cases increased 5.2%. Justice McDonald The Civil Circuit List manages cases Due to COVID-19 restrictions, the Court Justice Incerti where there is a significant link to regional sought to conduct all circuit trials as Justice Keogh Victoria. The vast majority of cases in virtual, judge-only trials, with the judge Justice Cameron the list are personal injury matters. Justice Quigley sitting in Melbourne and witnesses (sitting at VCAT) The Supreme Court schedules civil sittings potentially giving evidence remotely Justice Richards in 12 regional courts: Ballarat, Bendigo, from the circuit court. However, during Justice Moore Geelong, Hamilton, Horsham, Mildura, COVID-19 restrictions all proceedings Justice Forbes Morwell, Sale, Shepparton, , were either resolved, some via judicial Justice Kennedy Warrnambool and . mediation, or adjourned. (from February 2020) Civil Circuit List RESERVE JUDGES Justice Garde (until April 2020) 2018–19 2019–20 Variance Initiations 149 144 -3.4% ASSOCIATE JUDGES Finalisations 172 134 -22.1% Associate Justice Derham Pending 191 201 5.2% (until January 2020) Associate Justice Lansdowne Associate Justice Daly Associate Justice Ierodiaconou

RESERVE ASSOCIATE JUDGES Associate Justice Derham (from March 2020) Confiscation and Proceeds of Crime List JUDICIAL REGISTRARS Judge in charge The age and backlog of cases are Judicial Registrar Clayton Justice Forbes impacted by related criminal Judicial Registrar Keith proceedings, which must be concluded (from February 2020) This list manages civil proceedings before most proceedings in this list can brought under Victorian and be finalised. Proceedings typically Commonwealth legislation that provides require multiple interlocutory hearings for the restraint or forfeiture of property to resolve disputes about the scope of connected with criminal activity, restraining orders over property. principally the Confiscation Act 1997 (Vic) and the Proceeds of Crime Act 2002 (Cth).

Confiscation and Proceeds of Crime List

2018–19 2019–20 Variance Initiations 16 12 -25% Finalisations 14 15 7.1% Pending 28 25 -10.7% Court Work of Additional Leadership and 33 Snapshot the Court Court Services Governance Appendices

Judges in charge Dust Diseases List Justice Incerti Justice Keogh The Dust Diseases List manages proceedings in which a plaintiff claims to suffer from a condition attributable to the inhalation of dust. Associate judge in charge Associate Justice Ierodiaconou While the vast majority of claims have related to asbestos exposure during the course of employment, an increasing number are initiated by people claiming to have been Judicial registrar exposed to asbestos during home renovations or other environmental exposures. Judicial Registrar Clayton Expedited trials are a feature of this list, as many plaintiffs have a limited life expectancy.

Dust Diseases List

2018–19 2019–20 Variance Initiations 278 280 0.7% Finalisations 263 282 7.2% Pending 217 215 -0.9%

Judge in charge Employment and Industrial List Justice McDonald The Employment and Industrial List manages contractual and industrial disputes, Associate judge in charge appeals from disciplinary and other tribunals and other employment-related matters. Associate Justice Ierodiaconou As in some other lists, small numbers of cases can show as large statistical variations, however the more intense case management processes introduced in 2018–19 have continued to result in a strong finalisation rate in this list.

Employment and Industrial List

2018–19 2019–20 Variance Initiations 30 25 -16.7% Finalisations 31 37 19.4% Pending 31 19 -38.7% ANNUAL REPORT About At a 34 2019–20 the Court Glance Foreword

Judges in charge Judicial Review and Appeals List Justice Cavanough Justice Ginanne The Judicial Review and Appeals List includes proceedings relating to the judicial review of (or statutory appeal from) the conduct or decisions of lower courts, Judicial registrar tribunals and other external persons or bodies. This includes appeals on a question Judicial Registrar Clayton of law from the Magistrates’ Court, Victorian Civil and Administrative Tribunal (until April 2020) (VCAT), Children’s Court and the Coroners Court.

Judicial Registrar Keith Given the inherently low rate of settlement and the absence of jury trials in this list, (from April 2020) constraints on judicial availability to hear cases continue to be a barrier to significant further improvement in case processing time. The drop in clearance rate is likely to be due to judicial unavailability and the impact of COVID-19, particularly on the ability of self-represented litigants to cope with the needs of a virtual trial. Initiations in this list were trending upwards until March 2020, after which they declined sharply for the remainder of the reporting period, suggesting that COVID-19 factors, including the ability of lower jurisdictions to hear matters, were at play.

Judicial Review and Appeals List

2018–19 2019–20 Variance Initiations 239 239 0.0% Finalisations 221 198 -10.4% Pending 168 209 24.4%

Judges in charge Institutional Liability List Justice Incerti Justice Keogh The Institutional Liability List manages claims against an organisation founded on death or personal injury due to alleged physical or sexual abuse of a minor. It also Judicial registrar includes claims against educational organisations arising out of bullying by a fellow Judicial Registrar Clayton student or individual employed by or associated with the organisation.

The large influx of child abuse cases over the past two financial years and the need to provide more specialised management of personal injury claims of this nature as a result of legislative reforms necessitated the creation of the Institutional Liability List in February 2020. Approximately 270 cases were transferred to the newly created list from the Personal Injuries List. Where the plaintiff requests a trial in a regional sitting, proceedings are allocated to the Civil Circuit List. Given the list was created partway through the reporting period, the figures in the accompanying table are based on matter type, so as to provide a more accurate picture of the Court’s workload. Initiations of child abuse type proceedings increased in the 2019–20 financial year by almost 169% compared with 2018–19. There were 398 such cases under management at 30 June 2020, compared with 172 at 30 June 2019, an increase of just over 131%.

Institutional Liability List1

2018–19 2019–20 Variance Initiations 125 336 168.8% Finalisations 48 95 97.9% Pending 172 398 131.4%

1 Includes child abuse proceedings managed in other lists prior to the creation of the list in February 2020. Court Work of Additional Leadership and 35 Snapshot the Court Court Services Governance Appendices

Judge in charge Major Torts List (including Group Justice John Dixon Proceedings (Class Actions)) Associate judge in charge Associate Justice Daly The Major Torts List manages large or otherwise significant tortious claims, including defamation proceedings, police torts, contempt proceedings and Judicial registrar common law class actions. Judicial Registrar Clayton There were 81 cases pending in the Major Torts List at the end of 2019–20, including 10 group proceedings, 5 of which were initiated during the reporting period, while 75 proceedings were finalised, 4 of which were group proceedings.

Major Torts List

2018–19 2019–20 Variance Initiations 66 59 -10.6% Finalisations 60 75 25.0% Pending 97 81 -16.5%

Judge in charge Personal Injuries List Justice Incerti Proceedings managed in the Personal Injuries List include personal injury claims Associate judge in charge arising out of industrial accidents, motor vehicle accidents, occupier’s liability and Associate Justice Ierodiaconou medical treatment. Child abuse cases were also managed in this list until February 2020. Judicial registrar Judicial Registrar Clayton Approximately 270 proceedings were transferred from this list to the newly created Institutional Liability List in February 2020, explaining much of the variance in the accompanying table. An analysis of combined data for the Personal Injuries and Institutional Liability Lists reveals increasing initiation and finalisation rates. Case management strategies, including heavier listing practices, the use of judicial mediation close to trial, and switching to judge-only virtual trials for jury cases during COVID-19 restrictions have supported these rising finalisation rates. However, finalisations were not able to keep pace with the rate of personal injury initiations.

Personal Injuries List

2018–191 2019–202 Variance Initiations 624 492 -21.2% Finalisations 584 563 3.6% Pending 795 671 -15.6%

1 Includes child abuse proceedings. 2 Excludes child abuse proceedings (managed since February 2020 in the Institutional Liability List). ANNUAL REPORT About At a 36 2019–20 the Court Glance Foreword

Judge in charge Professional Liability List Justice Macaulay The Professional Liability List manages claims for financial loss against a professional Associate judge in charge for breach of duty in tort or contract, related statutory breaches, and breach of Associate Justice Daly equitable duties (excluding claims against medical and health practitioners and building, construction and engineering practitioners). Judicial registrar Judicial Registrar Clayton Professional Liability List

2018-19 2019-20 Variance Initiations 37 55 48.6% Finalisations 42 34 -19%1 Pending 57 78 36.8%

1  2018-19 was a particularly strong year for finalisations following a review of the Professional Liability List’s case management practices, leading to an increase in finalisations of older cases.

Judge in charge Property List Associate Justice Derham (until February 2020) The Property List manages proceedings concerning rights over real estate, including proceedings for summary possession or sale of real estate under the Supreme Court Justice Kennedy Rules. The list also manages proceedings arising under the Property Law Act 1958, (from February 2020) the Transfer of Land Act 1958 and the Sale of Land Act 1962 within the jurisdiction of the Supreme Court, and includes applications concerning caveat removals and Associate judge in charge the discharge or modification of restrictive covenants. Associate Justice Derham (until February 2020) This specialist list comprises a variety of proceedings, many of which have unique procedural protocols and degrees of urgency due to the nature of the relief sought Judicial registrar and the impact any delays may have on the rights of third parties. The urgency of Judicial Registrar Matthews matters in the list and the limitations on judicial resources during 2019–20 meant that many matters required hearings in the Practice Court. As part of the Common Law Improvement Program, the Property List started the move to a new case management model akin to the majority of the division’s other specialist lists. The new model includes a case management lawyer, strategies designed to limit the number of different judicial officers involved in case management, and the diversion of matters from the Practice Court. Although these reforms were impacted by COVID-19, the list recruited a case management lawyer and expects to commence procedural reforms in the 2020–21 reporting period.

Property List

2018–19 2019–20 Variance Initiations 316 301 -4.7% Finalisations 281 289 2.8% Pending 181 193 6.6%

Judges in charge Testators Family Maintenance List Justice McMillan Justice Moore The Testators Family Maintenance List manages all applications brought under Part IV of the Administration and Probate Act 1958. Under the Act, an eligible person for Associate judge in charge whom the deceased had a moral duty to provide can apply to the Court for an order Associate Justice Derham that further provision be made out of the estate of the deceased person. (until February 2020)

Judicial registrar Judicial Registrar Englefield Court Work of Additional Leadership and 37 Snapshot the Court Court Services Governance Appendices

Applications made under Part IV of the Administration and Probate Act 1958 can be commenced in either the Supreme Court or the County Court of Victoria, although about two-thirds are commenced in the Supreme Court. Most proceedings were managed by the associate judge and judicial registrar from commencement through to the end of mediation, with unresolved proceedings then referred to trial. The Court must approve a settlement of a proceeding where any party or beneficiary of the estate is a minor or adult with a disability, and the settlement affects their interests. These applications, known as ‘approval of compromise’, are usually determined by an associate judge or judicial registrar without the need for a hearing. The 12.9% increase in finalisations reflects proactive case management aimed at finalising older and inactive matters, the majority of which were finalised by consent.

Testators Family Maintenance List

2018–19 2019–20 Variance Initiations 421 400 -5.0% Finalisations 357 403 12.9% Pending 416 413 -0.7%

Judges in charge Trusts, Equity and Probate List Justice McMillan Justice Moore The Court has exclusive jurisdiction to hear a wide range of proceedings concerning probate and the administration of deceased persons’ estates. Associate judge in charge This includes contested applications for grants of representation, applications Associate Justice Derham for probate and letters of administration of informal wills, the appointment and (until February 2020) removal of executors and administrators, and applications for judicial advice concerning the administration of deceased estates. Almost a third of all Judicial registrar proceedings initiated in the division are managed in the Trusts, Equity and Judicial Registrar Keith Probate List and the Testators Family Maintenance List. (from February 2020) From February 2020, Judicial Registrar Keith assumed primary responsibility for directions hearings as part of the Court’s increased case management support, resulting in an increase in the number of matters listed for directions hearings and applications since this time. Additional support has resulted in more cases resolving without the need for a hearing, as early identification of matters that could be determined ‘on the papers’ has reduced unnecessary directions hearings and the amount of hearings listed before the trial judges. The requirement to obtain approval of the return date before filing a summons has resulted in more interlocutory applications being heard by associate judges, judicial registrars or determined on the papers, leaving judges available for trials. The decrease in finalisation figures may be as a result of judicial unavailability. Although many of the more discrete proceedings within the list are heard and determined by the judges in charge, there is a significant wait time for a trial date for matters that require a longer trial, a pressure being felt across the division.

Trusts, Equity and Probate List

2018–19 2019–20 Variance Initiations 360 280 -22.2% Finalisations 358 300 -16.2% Pending 286 266 -7.0% ANNUAL REPORT About At a 38 2019–20 the Court Glance Foreword

Judge in charge Valuation, Compensation and Planning List Justice Richards The Valuation, Compensation and Planning List manages proceedings involving Judicial registrar valuation of land, compensation for compulsory acquisition of land, planning Judicial Registrar Clayton appeals from VCAT and disputes involving land use or environmental protection. (until April 2020) Cases within the list often involve complicated matters and technical considerations Judicial Registrar Keith requiring the parties to obtain complex expert reports. Judicial Registrars play a key role (from April 2020) in managing the progress of these matters to trial, and trials can be long and complex. During 2019–20, Justice Garde determined a significant land acquisition case where the state government had placed an overlay on land to allow it to be acquired to build the future Outer Metropolitan Ring Road. This lengthy litigation resulted in a state government authority being ordered to pay more than $48 million to a Wyndham Vale farmer for his land.

Valuation, Compensation and Planning

2018–19 2019–20 Variance Initiations 26 41 57.7% Finalisations 30 31 3.3% Pending 42 52 23.8%

– Confiscation and Proceeds of Crime and don’ts of virtual hearings’ was Engaging with List (21 November 2019) conducted, enabling the Court to boost its reach to a broader audience of more Court users – Personal Injuries List (25 February than 240 members of the legal profession 2020) The division continued to engage with and the public attending online. The Court users to identify and explore new – Probate (including Trusts, Equity and webinar involved a panel discussion ways to improve case management. Probate and Testators Family between the Supreme Court’s Justice Maintenance Lists) (24 February 2020). Andrew Keogh and Judicial Registrar User groups provide a forum for judicial Julie Clayton, County Court Judge officers to consult with practitioners Each year, the Common Law Divisions Arushan Pillay and Richard Attiwill QC. about proposed reforms in the division, of the Supreme and County Courts and enable practitioners to provide jointly host professional development The panel members discussed their feedback about the way in which Court seminars focusing on various aspects experience with virtual hearings and procedures impact on litigation. of court craft. Judicial Registrar Clayton provided their dos and don’ts, and tips and Deputy Registrar Clark joined and tricks, from putting yourself on mute Several lists held user group meetings Judge Tsalamandris and Judicial when not speaking, to cross-examination in 2019–20: Registrar Gurry of the County Court of ‘remote’ witnesses. Webinar – Valuation, Compensation and Planning on 14 November 2019 to discuss participants had the opportunity to List (18 September 2019) effective interlocutory applications. submit questions to the panel via a live Q&A function. The webinar was recorded – Property List (23 September 2019) COVID-19 restrictions did not deter the and can be viewed on the Supreme division from continuing this seminar Court of Victoria website. – Institutional abuse practitioners, a series and on 11 June 2020, in a first for sub-group of the Personal Injuries List the Court, a webinar entitled ‘The dos (13 November 2019) Court Work of Additional Leadership and 39 Snapshot the Court Court Services Governance Appendices

Associate Judges’ Chambers

Associate judges hear a large number of applications, usually interlocutory and final applications, for Commercial Court and Common Law Division cases.

Associate judges perform an essential – listing civil proceedings for trial, role within the Court, hearing and including pre-trial directions and PRINCIPAL ASSOCIATE JUDGE determining a range of interlocutory and applications Associate Justice Derham final matters. Several changes within the (retired 10 January 2020) – trial proceedings, both within its original jurisdiction have impacted some areas of Associate Justice Efthim jurisdiction and as referred to it by Trial associate judges’ work, such as having (from 11 January 2020, also Division judges. an increased involvement in judicial the Senior Master) mediations. Associate judges are also The introduction of judicial registrars involved in managing: ASSOCIATE JUDGES within the jurisdiction has allowed the devolution of certain matters under Associate Justice Lansdowne – proceedings in the Personal Injuries and Order 84 of the Supreme Court (Judicial Associate Justice Daly Dust Diseases Lists, including directions Registrars Amendment) Rules 2015. Associate Justice Gardiner and applications This includes matters formerly heard Associate Justice Mukhtar – the Corporations List principally by the Practice Court, including: Associate Justice Randall Associate Justice Ierodiaconou – the Employment and Industrial List – applications to extend the period of – testator family maintenance, or ‘family validity of a writ for service JUDICIAL REGISTRARS provision’, under Part IV of the – applications for substituted service Judicial Registrar Englefield Administration and Probate Act 1958. Judicial Registrar Irving – applications to change a party on Judicial Registrar Caporale The Associate Judges’ Practice Court death, bankruptcy, assignment or (until 28 February 2020) plays a role in: transmission Judicial Registrar Matthews – adjudicating interlocutory disputes and – leave to issue warrants of execution other applications within its jurisdiction – oral examinations of judgment debtors. – approvals of compromise in personal injury and testator family maintenance Under these extended powers, Judicial proceedings Registrar Matthews hears and determines some matters that would – hearing judicial review and appeal trials, otherwise need to be heard by an typically those of only one or two days’ associate judge in the Associate Judges’ duration Practice Court. – judge-ordered mediation of proceedings, with the assistance of a mediation coordinator ANNUAL REPORT About At a 40 2019–20 the Court Glance Foreword

Associate judge Employment and Industrial List Associate Justice Ierodiaconou The Employment and Industrial List (EIL) continued to be busy with contractual and industrial disputes, appeals from disciplinary and other tribunals, and other employment-related matters. While the statistics might indicate the EIL workload reduced in 2019–20, they merely reflect the increased efficiencies in listings derived from more intensive case management prior to hearings. This ensures parties are better prepared, resulting in fewer adjournments.

Employment and Industrial List

2018–19 2019–20 Hearings listed 132 122

Associate judges Corporations List Associate Justice Efthim Associate Justice Gardiner Fluctuations in the complexity of matters continue to impact statistics provided by Associate Justice Randall the Practice Court. Associate Justice Hetyey (appointed 20 January 2020) The Wednesday Corporations List continues to run efficiently, with corporations associate judges hearing applications to set aside statutory demands and contested Judicial registrars winding-up applications. Judicial Registrars Matthews and Irving alternate weekly to Judicial Registrar Hetyey hear uncontested company winding-up applications, a method of case management (Commercial Court) that has proven to be successful in releasing judges to deal with more complex matters. (until 19 January 2020) Judicial Registrar Matthews Oppression initial conferences continue to go from strength to strength, with Judicial Judicial Registrar Irving Registrar Irving regularly hearing initial conferences in support of Associate Justices Gardiner, Randall and Hetyey. The list is managed proactively by the relevant chambers and Commercial Court Registry to ensure the efficient processing of cases, resulting in growing uptake of the initial conferences. The Friday Corporations List hears more complex and varied matters, such as referrals from Corporations List judges. The breadth of matters heard includes: – company winding-up applications (s 459P) and applications to set aside statutory demands (s 459G) – liquidators’ examinations – the Shareholder Oppression List, heard fortnightly – other applications involving corporations, such as liquidators’ recovery proceedings and company reinstatement applications.

Corporations List

2018–19 2019–20 Corporations List Wednesday list 1,186 1,282 Friday list 717 668 Total 1,903 1,950 Shareholder Oppression List 151 148 Court Work of Additional Leadership and 41 Snapshot the Court Court Services Governance Appendices

Associate judges General Applications/ Associate Justice Efthim Associate Justice Lansdowne Associate Judges' Practice Court Associate Justice Mukhtar Associate Justice Ierodiaconou The Associate Judges’ Practice Court – directions hearings for a range of Associate Justice Derham hears applications involving final and matters interlocutory matters not otherwise (Retired 10 January 2020, – examination of debtors. Reserve Associate Judge allocated to a specialist list, or that have been referred from a specialist from 5 March 2020) Since the introduction of Supreme Court list. From March 2020, COVID-19 (General Civil Procedure) Rules 2015, restrictions negated the need for physical Judicial registrars S.R. No. 103/2015, Order 84.02, judicial courtroom locations, as the Practice registrars have increased powers to Judicial Registrar Caporale Court transitioned to virtual hearings. (until 28 February 2020) assist in the performance of some areas of practices of the associate judges, Judicial Registrar Matthews The Practice Court hears a wide range of particularly in directions hearings and matters, including: applications for substituted service and – service of domestic and foreign process extensions of the validity of writs. This – amendments to legal process has relieved the associate judges of some minor matters, allowing them – joinder of parties to devote more time to more complex matters, such as special fixtures and – disputes over pleadings conducting trials. The increased trial – disputes over discovery and subpoenas activity has given rise to a greater need for judgment writing. – summary judgment applications Given the considerable volume of – security for costs applications interlocutory Property List matters – applications for preliminary discovery within the Practice Court, a dedicated, fortnightly Property List sitting before – applications for leave to appeal Associate Justice Derham was from VCAT established. Judicial Registrar Matthews – management of other judicial review additionally holds weekly Property List and appeals matters directions hearings for matters other than urgent caveat removal and – discharge or modification of restrictive restrictive covenants. Any overflow covenants matters are then listed before other – recovery of possession of land Practice Court judicial officers to ensure their timely processing and to spread the – orders for the payment out of moneys workload across chambers. or securities in court While the number of listed hearings – applications to extend the validity of increased in 2019–20, the range and writs for service number of traditional Practice Court matters was impacted by the increase – various procedures for the enforcement in allocation to specialist lists and the of judgments transition to virtual hearings.

Practice Court List

2018–19 2019–20 Hearings listed 1,600 1,723 ANNUAL REPORT About At a 42 2019–20 the Court Glance Foreword

Judicial Mediation

Mediation is a confidential discussion between civil dispute parties. A skilled, independent mediator helps parties discuss issues, identify solutions and work towards an agreement to end their dispute. The Court may refer a case to mediation at any stage of a proceeding. Judicial mediations are conducted by an associate judge or judicial registrar and save hundreds of hearing days, delivering a known outcome to litigants. Some mediations, particularly those involving high-volume debt recovery disputes, are conducted by the ADR registrar.

Overview Key points The Court’s Alternative Dispute Justice Connect and the Victorian Resolution (ADR) Centre implemented Bar’s pro bono scheme to support 1 several initiatives to support the self-represented litigants participating The ADR Centre commenced continued growth of judicial mediation in mediation, and trains the prothonotary virtual mediations in late March and mediation by the ADR registrar as and deputy prothonotaries to mediate 2020. While the resolution rate an integral part of case management appropriate cases. This initiative’s at virtual mediation is at the Supreme Court. progress will be reported in the comparable to face-to-face 2020–21 period. mediation, the number of The Centre conducted all mediations Demand for mediation continued to mediations overall increased. virtually from late March 2020 using the Zoom videoconferencing platform. grow, with 27% more cases referred The success rate of virtual mediation is to mediation in 2019–20 than in the comparable to face-to-face mediation, previous period. Cases resolving at 2 and has the advantage of enabling more mediation saved 1,209 hearing days, mediations to be conducted concurrently up slightly from 2018–19. Referrals to mediation increased because of the absence of physical space 27%, reflecting its acceptance The percentage of cases resolved on the restrictions. Scheduling efficiencies are as an effective and efficient part day of mediation remains steady across also created, as legal practitioners and of litigation management. The the two previous reporting periods. The their clients do not need to travel. types of matters referred to number of hearing days saved continues Virtual mediations will continue to be mediation were also expanded, to be significant, representing substantial an important component of the Court’s with the Court commencing a time and cost savings to parties as well mediation services into the future. pilot of referrals in appropriate as judicial resource savings, which can be judicial review and The Court seeks to build on the success re-allocated. administrative law matters. of judicial mediation as part of the Where cases referred to mediation are Commercial Court’s oppression adjourned or vacated, effective case proceeding program and the early management encourages communication 3 resolution of cases brought under Part between the parties and often leads to a IV of the Administration and Probate resolution or narrowing of the issues in Settling matters at mediation Act 1958. This year, the Court focused dispute. These outcomes are not included saved 1,209 trial days, while on its judicial review and administrative in the resolution rate. Costs Court mediations saved a law jurisdictions, which often involve further 585 hearing days. These self-represented litigants and require The ADR Centre manages the Court’s figures do not include the days significant Court resources to determine. mediation program, responds to saved when matters settled The Court’s approach identifies program enquiries from practitioners after mediation. appropriate matters for referral to and the public, receives mediation mediation, builds relationships with referral orders from judges and allocates Court Work of Additional Leadership and 43 Snapshot the Court Court Services Governance Appendices

mediations to judicial mediators. It also resolve their dispute. It is included in reports on ADR activity, recommends a dedicated mediation section of the ASSOCIATE JUDGES necessary changes to the Court’s ADR Court’s website, redeveloped in June Associate Justice Efthim Rules and practice notes and organises 2018 to provide clearer and more Associate Justice Wood judicial mediator training. The Centre is complete information about judicial Associate Justice Daly operated by a judicial registrar, a Court mediation and judicial mediators. During Associate Justice Hetyey ADR registrar and an ADR administrator, 2018-19, Supreme Court and County and is overseen by the ADR Committee, Court judicial mediators regularly JUDICIAL REGISTRARS chaired by Justice Kennedy. attended roundtable discussions on Judicial Registrar Gourlay common issues encountered during In October 2018, with input from Judicial Registrar Irving mediations, with the aim of sharing judicial mediators, the ADR Centre Judicial Registrar Englefield experiences and enhancing mediation drafted the Judicial Mediation Model. Judicial Registrar Matthews skills. Issues discussed included The Model educates practitioners Judicial Registrar Clayton the importance of process during and parties on what to expect at the Judicial Registrar Caporale a mediation and ethical issues that mediation, including the role of the (July 2019 – Feb 2020) arise in mediations. Judicial Registrar Keith judicial mediator in helping parties

ADR REGISTRAR Judicial and ADR registrar mediation activity Registrar Nicholas Day 2018–19 2019–20 Variance Cases referred for mediation 545 691 27% Mediations completed 372 405 9% Cases resolved on day of mediation 227 236 4% Percentage of cases resolved 61% 58% -3% on day of mediation Hearing days saved by cases 1,206 1,209 0.2% being resolved at mediation ANNUAL REPORT About At a 44 2019–20 the Court Glance Foreword

Costs Court

The Costs Court hears disputes arising from costs orders made in court proceedings (party- party matters) and costs disputes between legal practitioners and their clients (solicitor-client matters). Costs are charges for lawyers’ professional services and for disbursements, such as court fees and fees for expert reports. Solicitor-client disputes usually involve a client disputing the cost of their solicitor’s bill.

Overview Key points Depending on the amount in dispute, Although the Costs Court hears a judicial registrar or costs registrar costs-related cases from all Victorian 1 initially assesses or mediates all party- courts and VCAT proceedings, most There was continued success party matters prior to a hearing. Cases applications relate to Supreme Court in reducing the number of generally settle through early mediation, proceedings. In 2019–20, approximately costs matters going to a court saving time and resources for the parties 62% of initiations and 60% of finalisations hearing through the use of early and the Court. Where there are disputed related to Supreme Court costs orders. mediation, preliminary hearings points of law, the case may also have a Past decisions are available via the Law and deciding cases ‘on the preliminary hearing. Library of Victoria’s judgments service, papers’. For example, in August 2019 a dispute allowing practitioners and self- was successfully resolved after 2 days represented litigants to research other of mediation where the claim for costs cases and understand the decisions 2 totalled $1.5 million. It was estimated made. the process of hearing the dispute The Court successfully Decisions made in 2019-20 by Associate would have taken at least 35 days. transitioned to remote hearings Justice Wood include: and mediations in response Depending on the type of case, applicants – Johnston v Dimos Lawyers (2019) VSC to COVID-19 restrictions. This to the Costs Court receive a date for a 462 – basis of assessment where costs included publishing guidelines directions hearing (formerly called a agreement void to assist practitioners and ‘callover’), preliminary hearing or – Cameron v Thomson Geer (2020) VSC self-represented litigants mediation on the day they file their 75 – whether bills sufficiently itemised with the remote hearing application. Some cases are determined environment. ‘on the papers’ (without a hearing) if – DLA Piper v Triclops Technologies Pty the amount in dispute is less than the Ltd (2020) VSC 93 – no standing for a threshold amount. The threshold amount law firm to seek review out of time 3 was increased from $50,000 to $100,000 under the Legal Profession Uniform Law in March 2020 as a response to COVID-19, The threshold for matters that enabling more cases to be settled in this – Guneser v Aitken Partners (2019) VSC can be assessed without a court timely and cost-effective way. 649 – application of Bell Lawyers Pty hearing increased to $100,000, Ltd v Pentalow (2019) HCA 29 to an The above change and the success of enabling more cases to be incorporated legal practice. Affirmed in early mediation is reflected in the rate of resolved this way. Guneser v Aitken Partners (cross appeal finalisations, with 235 party-party cases on costs) (2020) VSC 329. initiated and 232 finalised in 2019–20. Court Work of Additional Leadership and 45 Snapshot the Court Court Services Governance Appendices

Associate Justice Wood chaired the A reduction in initiations and increased Legal Costs Committee, established use of assessments on the papers, ASSOCIATE JUDGE under the Legal Profession Uniform preliminary hearings and mediations Associate Justice Wood Law 2014, which meets to consider have freed up Associate Justice Wood JUDICIAL REGISTRAR increases in amounts in the Practitioner to conduct more mediations in relation Judicial Registrar Gourlay Remuneration Order and Court scales to Commercial Court, Common Law of costs to apply from 1 January each Division and Court of Appeal matters. COSTS REGISTRARS year. These critical documents set the Judicial Registrar Gourlay also Domenic Conidi amounts considered reasonable for conducted weekly mediations under Roger Walton lawyers to charge for particular pieces Part IV of the Administration and Probate of work. Act 1958 and Commercial Court matters to assist the associate judge in that The County Court of Victoria continues area, as well as covering the absence to refer its solicitor-client costs orders of the judicial registrar assigned to Funds to the Supreme Court in relation to in Court. section 134AB(30) of the Accident Compensation Act 1985. The applications are finalised on the papers by Judicial Registrar Gourlay and the costs registrars.

Initiations

2018–19 2019–20 Variance Party-party – Supreme Court 171 145 -15% Party-party – County Court 52 64 23% Party-party – Magistrates’ Court 7 10 43% Party-party – VCAT 17 16 -6% Solicitor-client taxation 95 79 -17%

Finalisations

2018–19 2019–20 Variance Party-party – Supreme Court 177 139 -21% Party-party – County Court 52 62 19% Party-party – Magistrates’ Court 13 10 -23% Party-party – VCAT 14 21 50% Solicitor – client taxation 95 64 -33% ANNUAL REPORT About At a 46 2019–20 the Court Glance Foreword

Costs Court Mediation

Month 2019/2020 Listed Completed Resolved (%) Costs Court days saved

July 20 13 11 (85%) 29 August 14 9 7 (78%) 59 September 23 14 9 (64%) 21 October 15 11 10 (91%) 62 November 14 8 7 (88%) 27 December 10 5 4 (80%) 25 January 3 0 0 0 February 16 13 9 (69%) 63 March 22 11 7 (64%) 55 April 22 16 9 (60%) 54 May 14 10 9 (90%) 84 June 20 14 10 (71)% 106 Total 193 124 92 (74%) 585 Court Work of Additional Leadership and 47 Snapshot the Court Court Services Governance Appendices

Registry and Court Support Services

Registry Services includes a range of specialist and general services supporting the work of the Court, Court users and the judiciary. It also includes the work of the Prothonotary (see p. 52). All registry services are provided under the direction of judicial registrars and the director Registry Services.

Court Support Services includes the work of the Digital Litigation and Business Intelligence teams.

The Probate Office is managed separately by the registrar of probates (see p. 53).

Overview operations that were not yet digitised, Key points such as subpoena management. Registry Services includes the Principal An on-site presence was also Registry, Commercial Court Registry 1 maintained throughout the pandemic. (see p. 30), Criminal Registry (see p. 24), Registry doors remained open for and the Court of Appeal Registry There was seamless delivery of members of the Victorian community (see p. 19). The Principal Registry registry services throughout the who required in-person support, within includes the Office of the Prothonotary COVID-19 pandemic. the terms of the health restrictions and provides services for the Common issued by the Department of Health Law Division and the Commercial Court and Human Services. for cases allocated to associate judges 2 and judicial registrars. The Digital Litigation team The Digital Litigation team supports the was reshaped to support the Court with the conduct of electronic Reimagining transition to virtual hearings hearings and during the course of 2020 and mediations. Registry Services became the primary support team for virtual hearings (see p. 49). In late 2018–19, the Court began the first phase of a reform program 3 The Business Intelligence team oversees called Reimagining Registry Services, the data management and reporting developing the Future Model of Registry Fourteen projects under the elements of the Court’s operations Services. The Court committed to the Reimagining Registry Services (see p. 49). new model in June 2019, developing reform program were delivered. both a blueprint for future service delivery and a transition plan. These identified 6 key reform directions, Response to COVID-19 underpinned by 21 projects, to be In response to the COVID-19 pandemic, delivered over the next 3 years. registries adjusted their operations to In 2019–20, Registry Services completed ensure there was no disruption to service the following projects or key stages: delivery. The Court was well placed to shift to working remotely, having – Self-representation service pilot transitioned to digital Court files over – Concierge service pilot the previous two years. Solutions were also found for elements of the Court’s ANNUAL REPORT About At a 48 2019–20 the Court Glance Foreword

– Building data analytics capabilities Tailoring registry lawyer enabled SRLs who meet the eligibility within registries services to judicial requirements criteria to book a one-hour appointment with a Justice Connect volunteer lawyer – Building mutually beneficial This project reworked the manner in or barrister on site at the Court, to get partnerships with universities which Registry Services supported help with tasks such as completing the the judiciary, and is part of the – Data Governance Framework and legal aspects of a form, working out the Court’s broader focus on continuous Roadmap arguments for their case or getting improvement of support for Court users. advice about options to resolve their – Digital Litigation Program Planning The completed project supports the matter. During 2019–20, Justice Connect judiciary through targeted streamlining – Identifying case complexity indicators received 166 requests for assistance, and consolidation of Court processes provided 123 appointments and made 4 – Mathematical programming of and a tailoring of lawyer services to referrals for ongoing representation. courtroom bookings and trial listings better meet judicial requirements. Anyone who seeks help is either provided with assistance through the – Court of Appeal and Probate eFiling service, given information about other – Tailoring registry lawyer services to Improving access to justice services or referred to online information. judicial requirements The Court has been running three Access – User Experience Design – Frontline to Justice projects over the past few Service Delivery years, focused on improving access Pro Bono Referral Scheme for people who represent themselves On 1 September 2019, the Court began a – Website content review in Court proceedings, known as self- 12-month pilot of the Pro Bono Referral – Workflow solutions for orders represented litigants (SRLs). The projects Scheme, a joint-initiative between the processing deliver on recommendations of the 2016 Supreme Court and the Victorian Bar. Access to Justice Review, with one The pilot was conducted in the Court – Workforce planning. project aimed at improving the range of Appeal and the Trial Divisions, and and type of information available on complements the Self-Representation the Court’s website, and the other two Service pilot. projects aimed at establishing legal Data Governance Framework The scheme’s main purpose is to assist assistance services for SRLs. and expanded data analytics self-represented litigants in the Court, capabilities where the Court determines it is in the public interest for the due administration Registry sought to develop an expanded Website review of justice to refer a request for pro bono data analytics capability to better, and Several resources were developed assistance from a barrister. It replaces more rapidly, tailor services to the needs during 2019–20 to support SRLs through the former ‘duty barrister’ referral of the Court and Court users. Alongside website content, videos, guides and scheme previously in operation at the this, registry built a more strategic other general information materials. Court, under which a person could apply approach to the governance, gathering This work was brought together with for a referral on their own initiative. and use of data to better ensure its the broader User Design and Website integrity and security. Content Review projects conducted Under the new scheme, a referral can as part of the Reimagining Registry only be made by court order of a judicial Services program. officer, who may take into account any Digital File Management project matter they consider relevant in the These combined initiatives saw administration of justice, including The File Management project consisted registry working with SRLs and legal whether the litigant involved is a person of five work packages designed to practitioners to better support their subject to an order under the Vexatious implement policy and process changes experiences of engaging with the Court. Proceedings Act 2014; the financial related to file management and Court Adjustments were subsequently made means of the party; the capacity of file integrity in the Supreme Court. to existing materials, and two prototype the party to otherwise obtain legal The over-arching aim of the project is web hubs for SRLs were developed, assistance; and the nature and to streamline and improve not just the which will be evaluated and further complexity of the proceedings. way the Court manages and archives files refined in the next reporting period. internally, but also how external users, In the period 1 September 2019 to 30 such as parties to a trial or the media, June 2020, 24 referrals were made to access Court files. It continues the the scheme, of which 16 were made by Self-Representation Service pilot consolidation of both file management the Trial Division and 8 by the Court of (Justice Connect) and file searches into the Court’s online Appeal. Of all 24 referrals made, only file management platform, RedCrest. Launched as a pilot program in February 2 referrals were unsuccessful. This project is significantly advanced, 2019 in partnership with Justice Connect, and is due to be completed in 2020-21. the Self-Representation Service pilot Court Work of Additional Leadership and 49 Snapshot the Court Court Services Governance Appendices

Self-represented litigant coordinators shifting needs created by the pandemic. Digital Litigation team Registry services provides specialised In direct response to the pandemic, the As part of its Digital Strategy, the assistance to self-represented litigants BI team developed a COVID-19 activity Court continues to embrace modern through its SRL coordinator service. The dashboard, benchmarking the Court’s technology and innovation to deliver service provides information, procedural operations against the previous year. more efficient practices and processes. advice, links to legal services and This dashboard was a key component Ongoing innovative change within the referrals to the Self-Representation of the Court’s response to the pandemic Court is set within a coherent framework Scheme and the Victorian Bar’s Pro Bono and transition to remote operation, as of values including accessibility, Scheme. In 2019–20, SRL coordinators it facilitated the measurement of the transparency, competence, timeliness helped 5,094 people with enquiries. impacts of the disruption caused by and equality before the law. COVID-19 on the work of the Court. The Digital Litigation (DL) team was The BI team also expanded through created to support the judiciary, Transition to eFiling and the integration of a quality assurance associates, practitioners and other digital files role, which ensures the Court’s strategic Court users through embedding In 2019-20, digital Court files were data requirements are adhered to, as technology into the Court’s operations. introduced to the Court of Appeal well as working with divisions to ensure Initially, this was intended to focus on (see p. 19) as well as the Probate Office the integrity of Court data through the evolution from paper-based litigation (see p. 53). This completed the final adherence to data procedures. to digital litigation, designed to improve stage in the Court’s eFiling and digital the capability and efficacy of digital Court file transition program for litigation, and to encourage engagement Registry Services. Reporting and analytics with this mode of hearing. However, Development began on a solution, A core area of work for the BI team COVID-19 restrictions necessitated an called eAccess, to facilitate requests during 2019–20 was the development immediate and expansive response, for third-party access to digital Court of a suite of enhanced dashboards meaning the DL team also played a vital files through the Court’s RedCrest and reports, broken into hearings and role in supporting how the Court system. Foundation work was completed activity. Work on developing, refining and operated in response to the pandemic this financial year, with work ongoing specialising these dashboards is ongoing. and the subsequent introduction of towards a launch of eAccess in 2020–21. virtual hearings. The team supports To further facilitate the Court’s Court users to engage with the upgraded continuing agile response to shifting technology in the new eCourts and needs, the BI team, working with coordinates the practical arrangements Court file integrity Information Technology, developed of eTrials and virtual hearings to ensure and is in the process of implementing the digital litigation program meets the The Court again reported against the a data warehouse. With the aim of evolving needs of the Court. measure of Court file integrity. A 90% moving all data to a secure, centralised performance benchmark, applied to all environment, the data warehouse In February 2020, a pool of casual staff jurisdictions, measures the percentage will enhance the Court’s reporting comprising final-year law students was of case files that meet established capabilities, underpinned by a shift created to fill new positions as eCourt standards of availability, accuracy to daily reporting. Operators to support the expansion of and organisation. PRISM, an eTrial prototype pilot intended The BI team’s long-term strategic plan is to support the Court’s transition from In 2019–20, the Court achieved 91% overall to improve data capability and analytics paper to electronic courtbooks. PRISM performance, exceeding the established across the Court, underpinned by a aims to achieve multiple outcomes, 90% benchmark, as compared to 89% multi-year reporting platform upgrade including: overall performance in 2018–19. being developed internally. – a mechanism controlled by the eCourt Operators through which eTrials are conducted via the electronic Business Information and analytics presentation of evidence services – a means of engaging with digital Intelligence team The BI information sharing practices evidence for judges, capturing their are governed by the SCV BI Information In 2019–20, the Business Intelligence comments and evidentiary analyses, Sharing Policy, implemented in (BI) team did a lot of work on developing which can be used to generate reports November 2018. BI received 265 enhanced reporting and analytics to support judgment writing capabilities across the Court. While this information requests in 2019–20, of work preceded COVID-19, it proved which 56% were responded to on the – a mechanism of engagement with highly useful in enabling the Court to same day and 78% by close of business digital evidence for associates, respond rapidly and flexibly to the the day following receipt. using the database to better ANNUAL REPORT About At a 50 2019–20 the Court Glance Foreword

facilitate their trial management tasks Some counsel and witnesses may also virtual hearings are largely managed by and collaboration with their judges on be present, with all other participants chambers, with training support and evidence or legal concepts. connecting remotely via either the documented protocols established Webex or Zoom platforms. Reasons by the DL team. The Court's use of technology stood for requiring a connection through an it in good stead to respond quickly The DL team played an important role eCourt include: to COVID-19 restrictions with minimal in the Court’s COVID-19 taskforce disruption. Indeed, the number of – connecting to Corrections facilities andcontinues to oversee many of the hearings before the Court within the initiatives developed and implemented – specific transcript requirements Civil Trial Divisions throughout the in response to COVID-19 restrictions. April-June quarter was 6% higher – other specific requirements not than the previous year. supported by a fully remote hearing. Digital litigation Virtual hearings Fully remote virtual hearings are also In addition to virtual hearings, the team Since 23 March 2020, the demand for facilitated via Zoom and Webex, but supports the Court’s focus on digital digital litigation services as part of virtual are not connected through an eCourt. innovation, with a program including: hearings has increased momentously, All participants connect remotely and such that the DL team is currently there is no co-location requirement. – exploration of an end-to-end digital supporting an average of 600–700 litigation solution for the Court virtual hearings a month. Transcript arrangements are in place for both models. – the PRISM pilot (internal eTrial solution) Virtual hearings are conducted in two ways: hybrid hearings and fully Hybrid hearing connections are – trial of an eCourtbook Operator Service remote hearings. facilitated by eCourt Operators, who also help with troubleshooting and – eCourt support models. Hybrid hearings are connected through assisting all participants to optimise their an eCourt and generally take place with virtual hearing settings. Fully remote judicial officers present in the courtroom.

Numbers of virtual hearings Hearings (March-June 2020) and its eCourt Operator 350 6 Support Model March – 300 June 2020 5 250 4 200 3 150 2 100 No. of Hearings No.

50 1 equivalent Full-time

0 0 Zoom In Zoom Zoom In Zoom Zoom In Zoom Zoom In Zoom Webex In Webex Webex In Webex Webex In Webex Webex In Webex Zoom Out Zoom Zoom Out Zoom Zoom Out Zoom Zoom Out Zoom Webex Out Webex Webex Out Webex Webex Out Webex Webex Out Webex

March April May June

CoA Crime Common Law Commercial ASJ FTE Court Work of Additional Leadership and 51 Snapshot the Court Court Services Governance Appendices

Future planning The Taskforce oversaw the development Virtual Hearing of broader solutions, processes and The widespread uptake of digital procedures to support the virtual hearing technology during the pandemic is Taskforce model. Much of this work has now been expected to have a lasting impact on the The Court established the Virtual incorporated into the work of the demand for digital litigation services. The Hearing Taskforce on 19 March 2020 to relevant ‘business as usual’ teams, ongoing focus of the DL team will be to create a new operating model to support primarily the IT team and the Digital continue linking disparate technical the rapid transition to virtual hearings, Litigation team. advances, improving digital abilities and in response to the COVID-19 pandemic. meeting higher levels of judicial, The Taskforce was drawn from all areas Training and support professional and public expectation of of the Court and worked rapidly, Virtual hearings training sessions engagement with technology in order to developing and delivering an initial better support relevant legal processes. were conducted across the Court. virtual hearing operating model within The accompanying table outlines the 24 hours and a virtual hearing training training delivered by the Taskforce. program within 48 hours. This allowed the Court to begin conducting virtual hearings within three business days.

Judicial officers Associates Tipstaves Deputy prothonotaries/ Registrars Webex 54 85 8 2 Zoom 301 50 2 14

1 Zoom training was not required for the Court of Appeal nor the Criminal Division.

Key statistics virtual hearings. These changes mean factsheet; technical FAQs; a virtual the daily list now communicates to all hearings glossary; and platform user Between 16 March and 30 June 2020 Victorians the manner in which hearings guides for Webex and Zoom. (week 16 of the Court’s COVID-19 are proceeding in the Supreme Court. response), the Court had held 4,473 The Taskforce also liaised directly with hearings, compared to 4,936 hearings the Victorian Bar and Law Institute of over the same period in 2019 (9% fewer). Victoria to support their efforts in Of these, 2,575 were virtual hearings. The Communication and assisting the profession with virtual Court either adjourned or vacated 132 engagement hearing working methods through hearings due to COVID-19. The Taskforce established a virtual webinars and other means. Of the 2,575 virtual hearings, 1,679 (65%) hearings page on the Court’s website All members of the Taskforce were held via Zoom, 655 (25%) via Webex, and launched a range of publications to contributed their time, skills and 193 (8%) by teleconference, 21 (1%) by assist the profession with the transition knowledge to ensure its work was Skype and 27 (1%) by other means. to virtual hearings. These included an successful and able to deliver high- explanation of virtual hearings in the quality outcomes for the Court, On 28 April 2020, changes were made to Supreme Court and guidance on how and was undertaken in addition enable the daily hearing list to reflect the to prepare a courtbook for a virtual to members’ normal work. current modes of hearing, including hearing; a tips and tricks sheet; a ANNUAL REPORT About At a 52 2019–20 the Court Glance Foreword

Office of the Prothonotary

1,138 in 2018–19. This decline resulted The Office of the Prothonotary also Overview from COVID-19 and moratoriums manages subpoenas requiring the The prothonotary is a statutory officer affecting the ability of litigants to pursue production of documents and other appointed pursuant to the Supreme these enforcement mechanisms, and materials in preparation for court Court Act 1986, responsible for a is expected to continue in 2020–21. proceedings. Planning work began number of administrative and quasi- in early 2019–20 for the electronic There were 417 default judgments (down judicial functions in the Court. The management and coordination of 18%) and 329 warrants of possession prothonotary is supported by a number subpoenaed materials, and was (down 17%), as well as 304 warrants of deputy prothonotaries and sits escalated in March 2020 due to of seizure and sale (up 32%). within the Principal Registry. COVID-19. Materials in paper form have been converted to an electronic Key services provided by the Office of Fees and Fee Waivers format, enabling electronic inspection the Prothonotary include authenticating Fees payable to the Court are provided and the continued availability of this orders, issuing default judgements and for by the Supreme Court (Fees) important service. Electronic material warrants, fee waivers, file searches, Regulations 2018. Court fees are charged was also converted into a secure coordinating subpoenaed materials and under three categories – ‘corporate’, format for electronic distribution supporting legal admissions. Other ‘standard’ and ‘concession’. There are and inspection. services include coordinating foreign also automatic fee waivers, and the service, file transfers between prothonotary may additionally waive Legal admissions payment of fees in instances of financial jurisdictions and administering bails. In conjunction with the Chief hardship. Where granted, waivers apply Justice’s chambers, the Office of the During COVID-19, the Prothonotary for the duration of the proceeding, Prothonotary supports the process team largely worked remotely to provide subject to a change in financial for applicants gaining admission uninterrupted service delivery. This was circumstances. enabled by earlier work on streamlining to practice as Australian lawyers. delivery of some key services. The prothonotary collects supporting Admission ceremonies are generally evidence where ‘standard’ or held monthly and the Office of the ‘concession’ fees are applied for or the Prothonotary provides administrative automatic waiver provisions apply, which support by supervising the signing of Key services are: represented under certain pro bono the roll and preparing, signing, sealing schemes, granted legal aid, serving a and distributing admission orders Orders sentence of imprisonment, or where (certificates) following admissions. the applicant is a minor. Civil orders are either signed by a judge During 2019–20, 1,883 individuals were or judicial registrar, or authenticated by In 2019–20, 140 financial hardship waiver admitted, a slight increase of 6% from the prothonotary. In 2019–20, 6,137 civil applications were granted, waiving fees 2018–19. The office also issued 204 orders were authenticated in this totalling $96,500; 14 applications were certificates of good standing and 60 manner, representing 52% of the total refused, seeking waiver of fees totalling duplicate admission orders (certificates), 11,733 civil orders issued. Of these, 1,444 $13,641.80. predominately to support admitted were Corporations List orders issued Australian lawyers seeking to practice on the same day the order was made. File searches and subpoena in foreign jurisdictions. Criminal orders are predominately signed coordination During COVID-19, new lawyers were by a judge or judicial registrar. The prothonotary has responsibility for admitted ‘on the papers’ by order of overseeing requests by non-parties, the Chief Justice, with admission orders Default judgments and warrants including media organisations, to inspect (certificates) being signed by the The Office of the Prothonotary is court files. Despite the Court’s ongoing prothonotary and distributed. responsible for issuing default judgments transition to eFiling, file requests and and warrants upon being satisfied of the inspections are largely conducted requirements of the Supreme Court manually. The prothonotary led planning (General Civil Procedure) Rules 2015. In work in 2019–20 towards an electronic 2019–20, 1,050 default judgments and file inspection process to complete the warrants were issued, a decline from digital transition, expected to be delivered in 2020–21 (see p. 49). Court Work of Additional Leadership and 53 Snapshot the Court Court Services Governance Appendices

Probate Office

Probate is the process by which the Court finds that a will is valid and the executor/s can act on it. The Court has exclusive authority to make orders about the validity of wills, appointment of an executor or administrator of a deceased estate, and administration of deceased estates. It manages all applications for grants of probate and administration, and maintains a register of grants issued by the Court and wills deposited with the Court for safekeeping.

Overview COVID-19 response Key points In March 2020, in response to the The Probate Office continued to COVID-19 pandemic, the Probate provide an important service to the 1 Office dispensed with the requirement public, through a range of functions to file an affidavit of searches on the An average of almost 22,000 in relation to the administration of day of filing an application for probate applications for grants of deceased estates. or administration. This enabled all representation were managed, applications to be filed by post, pending During the reporting period, the office making the Probate Office the the introduction of RedCrest-Probate, worked to introduce electronic court highest-volume area of the and was an important part of the Court’s files and eFiling of court documents for Court by number of response to the pandemic. applications. probate matters, consistent with similar paperless initiatives already implemented across other areas of the Court. Retirement of the Registrar of Probates The introduction of eFiling for probate 2 After 27 years leading the Probate matters necessitated the development Office, Michael Halpin retired as registrar An average of 70 people per of a project plan and formation of a of probates in late June 2020. Michael’s day were helped with email or working committee. The committee dedication to the role, assistance to the counter enquiries. identified technical requirements of the judiciary and leadership of the Probate change, as well as its impact, including Office over the years has been an the legislative support framework essential service to both the Court required, the need for training and 3 and the Victorian community communications, the impact on workflow more broadly. An initiative to transition the and business processes and the process Probate Office to electronic of managing the transition for those who filing and electronic court files use probate services. was finalised. Given its highly specialised nature, a tailored solution, RedCrest-Probate, was developed for the Probate Office, building on the Court’s existing experience in implementing the RedCrest system in other areas. To facilitate a seamless transition to eFiling, practitioner information sessions were held in February 2020. RedCrest-Probate launched on 1 July 2020. ANNUAL REPORT About At a 54 2019–20 the Court Glance Foreword

Probate Office activities

2018-19 2019-20 Variance Grants of probate 18,221 19729 7.95% (87.55%) (88.16%)

Administration upon intestacy 1,992 2065 3.60% (9.57%) (9.23%) Administration with the will annexed (attached) 410 429 4.53% (1.97%) (1.92%) Reseals of foreign grants 145 120 -18.87% (0.70%) (0.54%) Other applications, including for limited grants 44 35 -22.78% (0.21%) (0.16%) Total applications filed 20,812 22,378 7.25% Applications made by people without legal representation1 1810 1862 0.03% (8.7%) (8.32%) Grants issued through the small estates service 48 69 43.75% Caveats filed 231 222 -3.9% Probate Office files pending in the Trusts, Equity and Probate List 102 91 -10.78% Advertisements published on Probate Online Advertising System (POAS) 24,332 26,710 9.77% Visits to Probate section of the Court’s website 292,858 327, 108 11.7% Enquiries managed at the Probate counter 16,271 13,261 -18.5% Emails responded to by the Probate Office 4,300 4,538 5.53% Wills deposited with Probate Office for safekeeping 254 247 -2.8% Granted files transferred to Public Record Office Victoria N/A N/A N/A

Searches of Probate Office files 1562 1414 -9.48%

1 During the reporting period, a more accurate method for extracting data in relation to unrepresented applicants was identified. These figures are therefore different from figures reported in previous annual reports. Court Work of Additional Leadership and 55 Snapshot the Court Court Services Governance Appendices

Corporate Services

Under the guidance of the chief executive officer, the Court is supported in its work by corporate services teams including People, Wellbeing and Culture (PW&C); Financial Management Services; IT and Digital Support; Security, Risk and Assets; Archives and Records; and Communications and Engagement.

The team also expanded the IT Service new support structures and ran a series Overview Desk function and capacity to assist of wellbeing initiatives for Court staff. The Corporate Services teams, under with the seamless transition to a The health and wellbeing support the guidance of the executive director predominantly remote working model, mechanisms included individual and Corporate Services, deliver dynamic, with on-site attendance only where team wellbeing sessions, resilience responsive and innovative support to necessary. This transition was training for managers, mindfulness meet the Court’s existing and evolving implemented and refined while training and guides to support those needs. Adaptability and agility are the remaining compliant with the working remotely. This was underpinned principal elements underpinning the established governance frameworks by the Court’s ongoing commitment to teams’ services. guiding sustainability, suitability and the health and wellbeing of judicial security of IT solutions and assets. officers and staff, and was measured Ongoing improvements have focused on frequently through regular staff surveys Separate to the COVID-19 response, staged enhancements to the Court’s to ensure collective and individual staff the team was involved in implementing digital capabilities. However, with the needs were being addressed and met. RedCrest-Probate, a new eFiling system onset of COVID-19 restrictions, The team hosted virtual whole-of-court for solicitors and unrepresented Corporate Services pivoted to support events, which were well attended by applicants. the Court’s rapid transition to a remote judicial officers and staff. Against this operating environment, accelerating Archives and Records appraised more backdrop, the team also progressed enhancements planned for under the than 12,000 individual case files from work on the renewed Victorian Public Court’s multi-year Digital Strategy. The 1991, which are currently awaiting Service enterprise agreement after executive director Corporate Services transfer to the Public Records Office. extended consultation. activated the Court’s Business Continuity Appraisal and records management A new challenge the PW&C team faced Plan in response to the pandemic. The continued throughout 2019-20 for more during the pandemic was effectively Business Continuity Team is drawn from recent files as well. In October 2019, the maintaining the occupational health many different areas and divisions. team facilitated the installation of the and safety of judicial officers and staff touring Zelman Cowen centenary The IT and Digital Support Services while working remotely. While the exhibition in the Law Library of Victoria. team was integral to this response, heritage nature of many of the court This exhibition incorporated various steering a plethora of infrastructure, buildings always presents an array of items from the Victoria University hardware, software and platform unique considerations, the remote collection, the Supreme Court’s integration and upgrade projects. working environment presented others collection and the Cowen family. The Working in partnership with the Virtual that were no less challenging. Ergonomic exhibition, which marked the centenary Hearing Taskforce (see p. 51), the team assessments were conducted virtually, of Sir Zelman Cowen’s birth, was shown facilitated the successful shift to virtual with the team coordinating the delivery at several locations associated with him, hearings utilising remote technology of a wide range of equipment to judicial with the Court being the final location. within weeks of restrictions commencing. officers and staff to ensure proper This built upon the strong digital and In unison with the pandemic operational OH&S standards were maintained. technology foundations established information developed by Courts Incident reporting was also expanded to through the Court’s previous five-year Services Victoria, People, Wellbeing function within a remote environment. digital strategy, leaving it well-positioned and Culture reshaped the Court’s Guided by specialised infection control to respond to the COVID-19 pandemic. procedures and processes, created advice for the operations and structure ANNUAL REPORT About At a 56 2019–20 the Court Glance Foreword

of SCV buildings, the Security, Risk and Foundation’s Law Week in May 2020, Assets team implemented revised Communications before it was cancelled as a result of procedures and systems to ensure the and Engagement COVID-19. safety of anybody who was on site. The Communications and Engagement The team provided significant support The Communications and Engagement team also runs the Court Education to judicial officers and staff adjusting to team, led by the director Communications Program, with VCE Legal Studies the different on-site and remote working and Engagement, delivers a range of students and teachers attending the arrangements, especially as restrictions services for the Court. Supreme Court and County Court on evolved over the course of the pandemic. The media team continued increasing most days, and a Juries Victoria session One benefit of the pandemic was the the community’s understanding of, and run weekly. Before its suspension in unencumbered access to courtrooms access to, the work of the Court by March 2020 due to COVID-19, and other spaces provided by the shift assisting with the livestreaming of 45 approximately 4,000 students from 175 to operating remotely, allowing the prominent judgments, hearings and schools (including 42 regional schools) acceleration of capital works projects. sentences (including 29 video streams), accessed the on-site program at the Government funding was received in and highlighting the Court’s regional Supreme Court. As both the Supreme 2017–18 to carry out these works over circuit calendar. Following the onset of Court and schools moved to remote 2017-20, that have improved and the pandemic, the media team worked models, the team began exploring the upgraded essential services for the closely with judicial chambers, registries possibility of conducting the Court Court’s buildings and facilities. These and IT to ensure journalists could Education Program remotely through include courtroom upgrades and remotely connect to hearings. platforms such as Microsoft Teams and remodelling to create multi-divisional The Court continued to be active on Zoom. Through consultation with spaces, thereby increasing courtroom Twitter and Facebook. The Court posted teachers, who were open to and capacity and flexibility in Court 5 and 328 tweets, more than double the 140 supportive of efforts to deliver education Court 10 in the Trial Division building (210 posted in 2018-19, while follower modules online, the Court developed a William Street, Melbourne). A detailed numbers increased from 17,715 to 19,072 proposal for piloting a virtual Court design for the renewal of security (up 7%). The Court also made 92 posts Education Program for terms 3 and 4 infrastructure was also finalised, with on Facebook, with follower numbers of the 2020 school year. implementation due for completion in increasing from 2,497 to 2,888 (up 15%). 2020–21. Following on from the successful release Similarly, eCourts Transformation Project of seven episodes of the Court’s Gertie’s works were expedited due to courtroom Law podcast in 2018-19, a further seven vacancy. In 2019-20, 13 upgrades were episodes were made and released completed, with another 13 scheduled between 1 July and 11 September 2019. for 2020-21. The project adapted Gertie’s Law includes interviews with infrastructure and integrated hardware academics, journalists, judges and Court and software in consultation with IT and staff, and discusses some of the lesser- the Virtual Hearing Taskforce, ensuring known, misunderstood and complex the technology could be adapted quickly parts of the Court’s work. In April 2020, to support remote hearings. Gertie’s Law was recognised at the New The Financial Management Services York Festivals Radio Awards, winning the team implemented a range of financial Education Podcast category from a compliance, governance and reporting shortlist of international entrants. As of enhancements to streamline budgeting 30 June 2020, the 14 episodes have been processes. During the pandemic, urgent downloaded 233,717 times across 137 funding bids and responses were countries. They can be accessed through developed to meet the Court’s emerging podcast apps or the Court’s website at requirements. Support was also provided supremecourt.vic.gov.au/podcast. to all areas of the Court to make any On Sunday 28 July 2019, approximately necessary adjustments policy and 2,000 people explored the historic Trial processes. The team also provided Division building in William Street as part in-depth qualitative and quantitative of the Open House Melbourne festival. information to Court Services Victoria Visitors attended history and heritage throughout the year to support tours throughout the day, with tours of continuous cross-jurisdictional the Court’s decommissioned dungeons improvements and to manage the rapidly booking out. Planning was budget impacts of the pandemic in underway for the Court’s participation a coordinated way. in Courts Open Day, part of Victoria Law Court Work of Additional Leadership and 57 Snapshot the Court Court Services Governance Appendices

ADDITIONAL COURT SERVICES ANNUAL REPORT About At a 58 2019–20 the Court Glance Foreword

Funds in Court

Funds in Court (FIC) is an office of the Supreme Court that assists the Senior Master, Associate Justice Efthim, to administer funds paid into Court. Funds can be paid into Court pursuant to orders of all Victorian courts and legislation such as the Trustee Act 1958, or awards of the Victims of Crime Assistance Tribunal (VoCAT).

Overview and funds administered, with the latter Key points alone growing from $60 million to $1.3 The vision of FIC is to enhance billion. Since 2004, moneys awarded for beneficiaries’ lives through compassion a person with a disability in the County 1 and superior service. FIC’s mission is to and Magistrates’ Courts and VCAT Funds valued at $1.96 billion act in the best interests of beneficiaries were also paid into FIC, resulting in the were managed, achieving by providing excellent service at the number of beneficiaries growing from market-leading interest rates for lowest cost, and ensuring safe and around 1,400 to more than 5,000 at beneficiaries. effective investment of their funds. the time of Kevin’s retirement. In December 2009, under Kevin’s Payments into Court include guidance, FIC moved to new offices compensation for injuries received in at 469 La Trobe Street, which were 2 an accident, financial assistance awarded renamed the Kevin Mahony Chambers to a victim of crime, and a person’s share Active support was provided to in 2019 in recognition of his service in a deceased estate or compensation 6,144 beneficiaries, making 8,511 and dedication to Funds in Court, for the loss of a parent. FIC also orders to release money to and to honour this quiet but rather administers funds paid into Court as a beneficiaries as needed and extraordinary man. result of disputes and security for costs. processing approximately 94.4% of invoices within 5 Responding to COVID-19 business days. The passing of Kevin J Mahony AM Despite the COVID-19 pandemic, FIC maintained its level of services to Former Senior Master, Kevin J Mahony beneficiaries, with beneficiary visits and AM, passed away on 28 July 2019. Kevin 3 external meetings held remotely. FIC also was the Court’s second Senior Master, provided flexible working arrangements An average of 43,398 calls were serving in the role for 29 years until his for staff to assist with managing the shift answered. retirement in September 2012. He was of work and schools to operating remotely. appointed an associate justice of the Court in 2008, and a member of the One of FIC’s enduring strengths has Order of Australia in 2017 for significant been the security of our closed IT service to the law and to the judiciary network. Both the current and former of Victoria, to education, and to Senior Master made it their key priority professional legal bodies. to protect the personal and financial information of some of Victoria’s most Kevin’s great legacy includes overseeing vulnerable citizens. Over a three-week the growth of FIC’s jurisdiction, guided period in early March 2020, our ICT by his great compassion for those team worked tirelessly to build key IT deemed most vulnerable and needing infrastructure and capability to remotely the protection of the Court. and securely access FIC’s internal IT During Kevin’s tenure, FIC grew system. Not having had this capability substantially in the number of before, and in view of FIC’s particular beneficiaries, staff, services provided information security requirements, it Court Work of Additional Leadership and 59 Snapshot the Court Court Services Governance Appendices

was an enormous effort from all areas How FIC assists beneficiaries NDIS meeting. This positively impacts of the business to redevelop procedures, the lives of beneficiaries and their FIC liaises with the NDIA’s specialist test processes and train staff on the capacity to access otherwise unavailable compensation team to ensure new IT platform. It is pleasing to report supports and services. beneficiaries’ funds are accurately that FIC’s remote-access solution was accounted for under the National Examples of this assistance include: successful, allowing FIC to continue Disability Insurance Scheme (Supports meeting all measurable client service key for Participants – Accounting for – crisis support, including for those performance indicators. Compensation) Rules 2013. experiencing family violence and at risk of homelessness This success also allowed a reduction of Where a beneficiary has limited our physical presence in the office from informal support, FIC can support the – facilitating referrals to specialist approximately 80 staff per day, down to development and implementation of agencies, including disability advocacy just 7 or 8. Designated essential staff their NDIS Plans. and case management worked on-site in a weekly rotating roster to ensure the seamless delivery of FIC also assists judicial officers – case planning input for younger service to beneficiaries. considering applications for payments beneficiaries residing in aged care of support and services for support who are eligible for specialist disability National Disability required by beneficiaries. This adds accommodation additional rigour to the application – assistance with priority access to the Insurance Scheme process, further ensuring beneficiary NDIS, and pre-planning and planning funds include a consideration of the support During 2019–20, FIC’s specialised National broader system of available supports Disability Insurance Scheme (NDIS) team and services. – identification of additional NDIS provided information and advice to or on supports, such as support coordination, behalf of beneficiaries concerning their How FIC assists Supreme and therapies and care. involvement in the NDIS. County Court judges consider FIC’s involvement compromise approvals FIC’s NDIS team provides advice The NDIS has major implications for Performance to Supreme and County Court many beneficiaries with permanent and judges considering the approval of FIC met or exceeded all service substantial impairments. Beneficiaries compromises where there is a NDIS delivery key performance indicators who have been recipients of common recovery and reduction as required during the reporting period. Importantly, law damages are not precluded from under the National Disability Insurance 94.4% of one-off payments to, or on access to, and support under, the NDIS. Scheme Act 2013 and Rules. behalf of, beneficiaries were processed Beneficiaries’ circumstances, however, within 5 days of requests being received must be assessed by the National Outcomes achieved and approved. Disability Insurance Agency (NDIA) to In 2019–20, the team established FIC received more than 43,398 phone calls ensure support is provided in compliance connections with key stakeholders, on average each month. Of these calls, with the NDIS statutory framework. Of including representatives from the NDIA, approximately 95.20% were answered significance for many beneficiaries, the Transport Accident Commission, the within 1 minute of the person calling. NDIA is required to account for certain Office of the Public Advocate, State payments made into Court, irrespective Trustees, mental health providers and of the date on which the payment is disability advocacy organisations. made. Without the assistance of FIC, there is an elevated risk of delay or error FIC identified circumstances where in the provision of NDIS-funded support. beneficiaries would be entitled to NDIS supports and assisted them in lodging an access request and preparing for their

Number of orders, supporting documents and financial transactions made

2018-19 2019-20 Variance Orders 6,744 8,511 26%

Supporting documents 27,195 24,237 -11%

Financial transactions 140,081 140,778 0.5% ANNUAL REPORT About At a 60 2019–20 the Court Glance Foreword

Money paid into/out of Court ($ millions)

2018-19 2019-20

Paid into Court $152 $164

Paid out of Court $77 $117

officers help beneficiaries access their beneficiaries with many lifestyle Beneficiary services funds to purchase goods and services difficulties they face. Many beneficiaries are involved in or for daily living expenses. Legal officers prepare complex court complex legal or financial matters orders and other documents and and require the assistance of skilled Client liaison supervise the handling of legal matters and experienced trust officers, client Client liaison officers visit beneficiaries by practitioners on behalf of liaison officers and legal officers to and their families, either at their homes beneficiaries. Specialist legal officers work through their difficulties. Every or a neutral venue, and assist with examine and make recommendations beneficiary is assigned a trust officer complex applications for payments. regarding the payment of legal costs as their primary contact at FIC. Trust They are instrumental in assisting on beneficiaries’ behalf.

Client liaison officer visits

2018-19 2019-20 Variance Visits 764 716 -6%

New beneficiary accounts family provision, wrongful death and VoCAT funds). There were also During the reporting period, 856 81 non-award matters (dispute money, payments into Court were made in security for costs and money paid accordance with an order of a court or into Court pursuant to an Act). VoCAT for a person under disability (award payments for personal injury,

Number of accounts opened for beneficiaries as a result of a court or VoCAT order

2018-19 2019-20 Variance

Supreme Court order 370 353 -5%

County Court order 80 71 -11%

Magistrates’ Court order 0 0 0%

VoCAT order 467 432 -7% Total 917 856 -7%

An order, made by the Senior Master or own affairs and all significant Judicial Registrar Englefield, is required administrative decisions regarding to pay funds out of Court. The Senior the operations of FIC, while the judicial Master makes all orders concerning a registrar determines the majority of beneficiary’s capacity to manage their applications for payments from FIC. Court Work of Additional Leadership and 61 Snapshot the Court Court Services Governance Appendices

Investments Common Fund No. 2 Common Fund No. 3 The primary objective for Common Common Fund No. 3 (CF-3) invests in FIC Investment Services considers Fund No. 2 (CF-2) is to provide the a portfolio of publicly listed Australian and implements investment advice maximum return achievable with shares and cash. The objective is to provided by consultants engaged by approved securities. provide beneficiaries with capital growth the Senior Master. and income via regular distributions over The interest rates fixed for 2020 an investment timeframe of at least six Investment Services provides continued to exceed industry years. Investment into CF-3 is made on administrative support to the Investment benchmarks, representing an excellent behalf of just over 2,600 beneficiaries Review Panel, which meets quarterly and outcome for beneficiaries, especially (representing approximately 45% of all whose members include fixed-interest given the 10-year Australian Bond rate beneficiaries) with assets held by FIC. and equities experts. Administrative is currently around 0.87%. Investment support is also provided to the performance also continues to be In 2019-20, CF-3’s total return of -10% Investment Compliance Committee, superior to the FIC key performance underperformed the S&P/ASX 50 which meets twice a year and includes indicator benchmarks. Leaders Accumulation Index benchmark superannuation and taxation experts. by 0.8%. Over the 10-year period to 30 The total value of funds under June 2020, CF-3 has delivered a total administration (including direct return per annum of 6.6% versus the investment in real estate and other benchmark return per annum of 7.7%. assets) was $1.96 billion as at 30 June 2020.

Declared interest rate

Year end Year end 31 May 2019 31 May 2020 Variance CF-2 2.70% 2.40% -11%

CF-2 and CF-3 2.50% 2.20% -12%

Beneficiaries’ properties Investment accordance with the Supreme Court Act and the Trustee Act, the ICC also The majority of beneficiaries’ Compliance Committee reports on any breach of compliance properties held in trust are residential, The Investment Compliance Committee or of the Senior Master’s duties. No with a total of 505 properties valued (ICC) monitors investment compliance breaches were reported in 2019-20. at approximately $313 million. with FIC’s Asset Management Policy. In

Total value of funds under administration including real estate ($ billions)

2018-19 2019-20 Variance

Value $2.024 $1.96 -3%

Beneficiaries’ properties held in trust ($ millions)

2018-19 2019-20 Variance

Property value $314 $313 -0.3%

Number of properties 515 505 -2% ANNUAL REPORT About At a 62 2019–20 the Court Glance Foreword

fundsincourt.vic.gov.au. Annual trust calculated by dividing the total operating Accounting tax returns were lodged for every expenditure for the financial year and taxation beneficiary, with no direct fees charged (excluding depreciation) by the total for taxation services. net assets at the end of the financial The financial reports of the Senior Master year (including property). are audited each year by the Victorian FIC annually benchmarks its Auditor-General and are available at administration expense ratio (AER),

Administration expense ratio

2018-19 2019-20 Variance

Administration expense ratio 0.53% 0.60% 13%

ISO 10002:2014. During 2019–20, 23 – The Beneficiaries’ Focus Group Corporate governance complaints were received, compared (BFG) is a group of beneficiaries that FIC’s governance structure is driven by to 49 complaints in 2018-19. contributes ideas and provides FIC the need to be fully accountable to the with client feedback about the way it The Senior Master expects that Court and beneficiaries. The Senior operates. The group met once during complaints are dealt with in a timely Master is committed to risk management the reporting year. and transparent manner, all attempts in accordance with Australian Standards, are made to resolve complaints fairly, with prudential safeguards monitored and any issues identified as a result FIC Human Rights by FIC’s corporate governance manager, of complaints lead to service who reports on defined risk management improvements. Advisory Committee matters monthly. The FIC Human Rights Advisory FIC’s corporate governance is also Business continuity Committee (FIC HRAC) identifies key strengthened by several committees. FIC’s Business Continuity Plan (BCP) issues regarding access to justice for The Audit Committee meet quarterly enables FIC to respond to and quickly people with a disability, recommending and includes external and internal resume operations following a disaster changes to current practices and auditors and management. They that destroys, damages or prevents processes. It is chaired by the Senior consider financial reporting, audits, access to FIC’s premises and its critical Master and comprises the FIC judicial risk management, ethical issues and computer systems. The BCP was registrar; director of strategy, other matters. The committee also successfully tested and reviewed on government and community relations; incorporates key responsibilities of 9 October 2019 and 4 March 2020 to FIC corporate counsel; and senior an ethics committee, overseeing FIC’s ensure its ongoing integrity. members from VCAT, the Office of ethics audits, training programs and the Public Advocate, Maurice Blackburn, compliance with the VPS Code of Beneficiaries’ involvement the Children’s Court, the University of Conduct, and reviewing any ethical Melbourne, NDIS, and Two key beneficiary groups contribute complaints and FIC’s response. the Office of Public Prosecutions. to FIC’s activities: The Executive Remuneration Committee The HRAC consists of the Litigation – The Beneficiaries Advisory Committee (ERC) provides transparency in relation Guardian Working Group, Clinical [BAC], which meets quarterly to to the remuneration of non-VPS Working Group, and Human Rights discuss FIC practices and identify issues executive staff, and assists the Senior Working Group. Outcomes include and opportunities for improvement. Master in fulfilling his corporate the use of intermediaries in criminal The BAC consists of representatives governance responsibilities. The ERC’s matters; changes to SCV Rules and of FIC, beneficiaries’ families and policies, as far as practicable, emulate proposed new litigation guardian other interested parties such as the the provisions of the Government Sector practice note; a Litigation Guardian Law Institute of Victoria, the Office of Executive Remuneration Panel. Framework for Victoria and increasing the Public Advocate and the Victims the parenting skills of women with an Support Agency. Complaints intellectual disability to reduce their FIC treats complaints seriously, with all babies being removed. complaints documented in accordance with the Australian Complaints Standard Court Work of Additional Leadership and 63 Snapshot the Court Court Services Governance Appendices

Juries Victoria

Juries Victoria is responsible for ensuring enough Victorian citizens, broadly representative of the community, are available and ready to serve as jurors in Supreme Court and County Court trials in Melbourne and regional Victoria. It works closely with the courts to confirm the number of jury trials expected. It also educates jurors, employers and the community on why serving as a juror is important and valuable.

Overview Key points Juries are an essential part of our correspondence, have shown a justice system and serving on a jury consistent increase in the proportion 1 gives Victorians a unique insight into of citizens responding to their notice The eligibility, availability and the operations of the Court. During of selection for jury service online via personal circumstances of the reporting period, Juries Victoria the portal rather than paper forms. about 190,000 Victorians focused on refining and embedding new Jury trials were suspended from randomly selected for jury resources, processes and procedures. mid-March until they could resume service was assessed. This included the development of in a COVID-safe manner. The courts a Digital and Technology Roadmap, developed plans to minimise the which sets out Juries Victoria’s ongoing disruption during this period and 2 commitment to the creation of digital- explored alternative methods of how first, citizen-centric and integrated the jury process would be managed The number of jurors systems and processes. As part of when jury trials resumed. summonsed across the state the roadmap, the Jury Management was monitored and adjusted in As can be seen in the accompanying System (JMS) and website were refined close consultation with the tables, COVID-19 had a substantial and enhanced as business intelligence courts. impact on normal operations. Juries capabilities were developed. These Victoria was unique amongst the enhanced capabilities will provide greater areas of the Court in that its operations insight into the entire jury selection were wholly suspended as a result 3 process, allowing for more informed of COVID-19 restrictions, which is decision-making and greater efficiency. Service delivery continued to reflected in the significant drop in be refined through engagement Ongoing improvements to the user activity recorded in 2019–20 compared with and feedback from both experience, especially with the JMS with 2018–19. prospective jurors and the public portal, website, forms and courts.

Citizen responses to Notice of Selection1

2016-17 2017-18 2018-19 2019-20 Online – Melbourne 51.1% 74.1% 81.6% 88.6%

Online – regional Victoria 42.0% 60.0% 71.1% 79.8%

Online – Total 45.3% 65.7% 75.2% 82.9%

1 Not all Notices of Selection responses are included (eg return to sender). ANNUAL REPORT About At a 64 2019–20 the Court Glance Foreword

Jury activity1

Citizens randomly selected 2018-19 2019-20 Variance Melbourne 86,201 39,555 -54%

Regional Victoria 136,781 87,500 -36%

Total 222,982 127,055 -43%

Jurors summonsed 0.58% 0.56% 0.53%

Melbourne 26,669 15,454 -42%

Regional Victoria 33,260 22,852 -31%

Total 59,929 38,306 -36%

Jurors attending (not all jurors summonsed are required to attend)

Melbourne 13,620 4,408 -68%

Regional Victoria 7,001 2,309 -67%

Total 20,621 6,717 -67%

1 Jury trials were suspended state-wide from 16 March 2020.

Jury trials1

Supreme Court 2018-19 2019-20 Variance Civil – Melbourne 16 10 -38%

Civil – regional Victoria 6 3 -50%

Criminal – Melbourne 39 10 -74%

Criminal – regional Victoria 7 5 -29%

Total 68 28 -59%

County Court 2018-19 2019-20 Variance

Civil – Melbourne 31 20 -35%

Civil – regional Victoria 9 4 -56%

Criminal – Melbourne 306 138 -55%

Criminal – regional Victoria 110 42 -62%

Total 456 204 -55%

1 Jury trials were suspended state-wide from 16 March 2020. Court Work of Additional Leadership and 65 Snapshot the Court Court Services Governance Appendices

Law Library of Victoria

The Law Library of Victoria provides judicial officers, the profession and the community with ready access to legal information, thereby contributing to the administration of justice and the practice of law in Victoria. The Library is managed by the Supreme Court Library Committee, augmented by three representatives from other Victorian jurisdictions, and is chaired by Justice Garde. The Supreme Court Librarian, Ms Laurie Atkinson, is the Director of the Law Library of Victoria.

Overview Overall usage of the Library’s services Key points and resources continue to increase. In The Chief Justice chairs the Interim the 12 months between July 2019 to June Board of the Law Library of Victoria 2020, demand for digital library services 1 Implementation Project. The board is increased by 60% on the previous year, The number of individuals using made up of the heads of all Victorian with the number of judges and members the digital library increased 60%, jurisdictions and the presidents of the of the profession registered for exclusive resulting from improvements to Victorian Bar and the Law Institute of access to licensed content through the communication, user experience Victoria. The Director of the Law Library library website growing from 3,600 and accessibility that created and Justice Garde, who also chairs the to 5,750. seamless online access to digital Supreme Court Library Committee, resources. attend interim board meetings, along Digital library with the CEOs of Court Services The Library launched a refreshed Victoria and the Supreme Court. website in early 2020 after undertaking usability testing. The website now 2 Library services provides enhanced search functionality The Legal Research eLearning The Library manages a curated and a user-friendly format. Additional course – Case Law and collection of thousands of resources exclusive content was also made Legislation units, which is relevant to the Victorian judiciary. available to practitioners. available to all judges, Court Intuitively structured for ease of The website became the primary staff and all Victorian lawyers, access, the Library is available to means of accessing the Library’s was launched. judges, court staff, legal practitioners collection and resources following the and the general public via its website temporary closure of physical Library lawlibrary.vic.gov.au. spaces on 25 March 2020 due to the 3 A rostered librarian assists all members COVID-19 pandemic. of Victoria’s legal community with legal A bold and contemporary The Library provided 24/7 access to research support. Dedicated librarians strategic plan for the Library full-digital services for judicial officers, act as the first point of contact for was created through extensive practitioners and Library staff working judicial officers and staff of certain engagement with the legal from home. Legal practitioners were jurisdictions and the Victorian Bar. community. provided with unprecedented, The Library publishes judgments of the continuous access to an extended Supreme Court, Costs Court and Court range of curated content via the of Appeal on behalf of the Council of Library website in response to Law Reporting in Victoria in a timely COVID-19 restrictions. The Library’s manner. Judgments are made available strong relationships with key publishers, online through AustLII, JADE, Justis, and their generous support, ensured it LexisNexis and Thomson Reuters, as well could provide such extensive access. as the Library website. The Library also thanks court libraries ANNUAL REPORT About At a 66 2019–20 the Court Glance Foreword

across Australia for their assistance in Partnerships providing hard-copy material to ensure The Library is especially grateful for clients were serviced with the best its strategic partnerships with the materials during Victorian COVID-19 Law Institute of Victoria, Victorian restrictions. A COVID-19 webpage was Bar and Victoria Legal Services Board also developed listing resources freely + Commissioner in assisting the Library available on the public website. to promote access to the digital library Collection management work continues to practitioners during the COVID-19 to focus on improving the digital library restrictions. and removing redundant print material. By working closely with jurisdictions The future to ensure judges’ requirements are met, The Library Committee strives to the Library delivered a reduction in provide judicial officers, the profession expenditure of more than $130,000 and community with ready access to for publication purchasing, representing legal information, contributing to the approximately 8% savings on the administration of justice and the previous reporting period. practice of law in Victoria. The Library continues to expand the In May 2020, the Library Committee reach of services available to judicial drafted a strategic plan after an in-depth officers and the profession across all consultation process with Victoria’s of Victoria. By transitioning to a legal community, including more than 20 predominantly digital collection, organisations and up to 70 individuals. approximately 70% of publication purchasing costs are now spent on As learning and knowledge become digital resources. more collaborative and dynamic, the Library is focused on expanding its Events and engagement authoritative collection; enhancing legal research capabilities; strengthening In 2019–20, the Library held 207 events collaboration and partnerships with legal and sessions either on-site or remotely organisations; and promoting better by videoconference, drawing governance and dynamic workforce. participants from all over the country. There were 46 events exclusive to judicial officers, with a total of 250 individuals attending. More than 1,052 practitioners attended legal practitioner events, including more than 33 induction and legal database training sessions. The Library launched the Legal Research eLearning Course – Case Law and Legislation units, designed to enhance judges, court staff and legal practitioners’ research capabilities and confidence to readily navigate resources and locate legal information. Practitioners were also able to earn continuing professional development (CPD) points through the completion of these modules. This project was made possible through funding from the Victorian Legal Services Board. Court Work of Additional Leadership and 67 Snapshot the Court Court Services Governance Appendices Leadership & Governance

LEADERSHIP AND GOVERNANCE ANNUAL REPORT About At a 68 2019–20 the Court Glance Foreword

Leadership and Governance

The Supreme Court of Victoria has existed since 1852, but was established in its present form under section 75 of the Constitution Act 1975. The Court’s governance structures are prescribed in the Supreme Court Act 1986.

The Chief Justice, as the head of the advice to the Chief Justice on the the executive director of Corporate Supreme Court, is responsible for ensuring effective execution of the Supreme Services may also attend as observers. the effective, orderly and efficient Court’s business. Membership execution of the business of the Court. comprises the: Administrative Leadership Group The chief executive officer (CEO) oversees Chief Justice the administrative functions of the Court. Chief Justice Ferguson The CEO established an Administrative Leadership Group in October 2018 to This includes ensuring the judiciary are President of the support the execution of administrative supported to do their work and that Court Court of Appeal functions of the Court, including users are supported with information and Justice Maxwell guidance on Court process. operations and administration, policy Principal Judge of and planning, communications, as well Funds in Court is recognised as a the Criminal Division as judicial support and registry services. support function of the Court and Justice Hollingworth operates as a discrete division under Court committees Principal Judge of the the direction of the Senior Master. Common Law Division A number of Court committees have Justice John Dixon been established to oversee and guide Governance established by law decision-making in relation to the Council of Judges Principal Judge of effective administration and operation The Council of Judges, also established the Commercial Court of the Court. These include the: Justice Riordan under the Supreme Court Act and Rules Committee chaired by the Chief Justice, considers Principal Associate Judge chaired by Justice Niall the operation of the Court in compliance Associate Justice Derham Communications Committee with statutory requirements and makes (until December 2019) Rules of the Court. chaired by Justice Whelan Associate Justice Efthim (until June 2020) Court Services Victoria (from December 2019) The Court Services Victoria Act 2014 chaired by Justice Niall established Court Services Victoria Chief Executive Officer (from June 2020) Matt Hall PSM (CSV) as an independent statutory Digital Strategy Steering Committee1 body corporate to provide services and Board of Management chaired by Matt Hall and Justice Elliott facilities to Victoria’s courts, including (until December 2019) the Supreme Court. CSV was formed to The Council of Judges established a strengthen the independence of Board of Management to assist with chaired by Matt Hall and Justice Forbes Victoria’s courts and tribunals from the the Chief Justice’s role in determining (from December 2019) other arms of government. The the strategy, plans, procedures and Library Committee governing body of CSV is the Courts policies for the court administration chaired by Justice Garde Council, chaired by the Chief Justice. in accordance with the Court’s It comprises the heads of other Victorian overarching goals and objectives. Appropriate Dispute courts and the Victorian Civil and Resolution Committee The Board of Management’s Charter Administrative Tribunal and up to two chaired by Justice Kennedy provides for the Chief Justice to perform non-judicial members. CSV is the body the role of chair and for the board to Self-represented Litigants Committee through which the support staff of the include judicial representatives from chaired by Justice Incerti Court are employed, and its operations particular administrative portfolios, are funded Internal governance. Audit and Risk Committee the CEO (as a non-voting member), chaired by Justice McDonald as well as up to two independent Internal governance members with appropriate expertise 1 The DSSC is assisted in delivering IT improvements Leadership Group to provide external unbiased advice on and innovations in the Court by the Digital Strategy Working Group and the IT Feedback Forum. The Council of Judges established a the administration of the Court. The Leadership Group to provide strategic members of the Leadership Group and Court Work of Additional Leadership and 69 Snapshot the Court Court Services Governance Appendices

APPENDICES ANNUAL REPORT About At a 70 2019–20 the Court Glance Foreword

Financial Information

The Supreme Court’s financial accounts are published as part of the audited financial accounts of Court Services Victoria (CSV). This information is available in CSV’s annual report, by visiting courts.vic.gov.au.

Operating statement1 2018-19 2019-20 $’000 $’000 Income from transactions Output appropriations 58,635 60,132 Special appropriations 34,580 36,143 Grants and other income - - Total income from transactions 93,215 96,275

Expenses from transactions Employee expenses and judicial officer remuneration 58,051 62,564 Depreciation and amortisation 6,570 11,102 Interest expense 61 130 Grants and other transfers 350 350 Capital asset charge 10,789 10,291 Supplies and services 16,576 14,315 Total expenses from transactions 92,397 98,751

Net result from transactions (net operating balance) 818 (2,476)

Other economic flows included in net result Net gain/(loss) on non-financial assets 99 115 Net gain/(loss) on financial instruments - - Other gains/(losses) from other economic flows (1,850) (447) Total other economic flows included in net result (1,751) (332) Net result from continuing operations (933) (2,808)

Other economic flows – other comprehensive income Items that will not be reclassified to net result Changes in physical asset revaluation reserve 8,218 14,950 Total other economic flows – other comprehensive income 8,218 14,950 Comprehensive result 7,285 12,142

1 2018–19 figures have been re-stated as a result of corrections made in relation to the Capital Asset Charge. Court Work of Additional Leadership and 71 Snapshot the Court Court Services Governance Appendices Court Snapshots ANNUAL REPORT About At a 72 2019–20 the Court Glance Foreword

Judicial Officers of the Supreme Court of Victoria 2019–20

Chief Justice Judges of the The Hon Andrew John Keogh 4 April 2016 – present The Hon Chief Justice Trial Division Anne Ferguson (20101, 20142) The Hon Elizabeth Jane Hollingworth The Hon Peter Barrington Kidd 2 October 2017 – present 7 June 2004 – present 24 May 2016 – present The Hon Kevin Harcourt Bell AM The Hon Maree Evelyn Kennedy President of the 25 July 2016 – present Court of Appeal 10 February 2005 – 12 March 2020 The Hon Michelle Lesley Quigley The Hon Justice The Hon Anthony Lewis Cavanough 19 December 2017 – present Chris Maxwell AC 8 May 2006 – present 18 July 2005 – present The Hon Clyde Elliott Croft AM The Hon John Ross Champion 4 November 2009 – 5 October 2019 19 December 2017 – present Judges of the The Hon Matthew Connock Court of Appeal The Hon Peter Waddington Almond 28 July 2010 – present 10 April 2018 – present The Hon Pamela Mary Tate 14 September 2010 – present The Hon John Russell Dixon The Hon Melinda Jane Richards 14 September 2010 – present 24 April 2018 – present The Hon Simon Paul Whelan (20041) 16 October 2012 – 9 April 2020 The Hon Cameron Clyde Macaulay The Hon Kevin Joseph Aloysius Lyons 14 September 2010 – present 22 May 2018 – present The Hon Phillip Geoffrey Priest 23 October 2012 – present The Hon Kate McMillan The Hon Lesley Ann Taylor 6 March 2012 – present 10 July 2018 – present The Hon David Francis Rashleigh Beach (20081) The Hon Geoffrey John Digby The Hon Steven James Moore 22 October 2013 – present 19 November 2012 – present 10 July 2018 – present The Hon Emilios John Kyrou (20081) The Hon James Dudley Elliott The Hon Andrew James Tinney 29 July 2014 – present 25 March 2013 – present 10 July 2018 – present The Hon Stephen The Hon Timothy James Ginnane The Hon Jacinta Mary Forbes William Kaye AM (20031) 4 June 2013 – present 16 April 2019 – present 3 February 2015 – present The Hon Melanie Sloss The Hon Lisa Nichols The Hon Stephen 30 July 2013 – present 22 October 2019 – present Geoffrey Edwin McLeish The Hon Christopher James Delany 3 March 2015 – present The Hon Michael Croucher 30 July 2013 – present 2 June 2020 – present The Hon Richard Michael Niall The Hon Kathryn Lucy Stynes 28 November 2017 – present The Hon Joanne Cameron 12 August 2014 – present 22 June 2020 – present The Hon Kim William Spencer Hargrave (20051) The Hon Christopher William Beale Reserve judges 2 September 2014 – present 19 December 2017 – present The Hon Malcolm Blue 28 April 2015 – present The Hon Terence The Hon Michael Phillip McDonald 16 September 2014 – present Michael Forrest (20091) The Hon Julie Dodds-Streeton (20104) 10 July 2018 – present The Hon Rita Incerti 24 November 2015 – 1 December 2019 (formerly Zammit) (20103) The Hon Karin Leigh Emerton (20091) The Hon Ross McKenzie Robson (20164) 14 February 2015 – present 10 July 2018 – present 20 July 2016 – present The Hon Peter Julian Riordan The Hon Michael Leon Sifris (20101) The Hon David John Ashley AM (20124) 10 March 2015 – present 2 June 2020 – present 2 February 2017 – 1 February 2020 The Hon Jane Dixon 17 August 2015 – present Court Work of Additional Leadership and 73 Snapshot the Court Court Services Governance Appendices

The Hon Paul Judicial registrars Anthony Coghlan AO (20144) Judicial Registrar Meg Gourlay 11 July 2017 – present 28 January 2011 – present The Hon AO (20184) Judicial Registrar Ian Andrew Irving 13 May 2018 – present 1 March 2016 – present The Hon Robert Stanley Osborn (20184) Judicial Registrar Leonie Englefield 23 June 2018 – present 5 July 2016 – present The Hon Lex Lasry AM (20184) Judicial Registrar Mark Pedley 3 July 2018 – present 24 January 2017 – present The Hon Gregory Judicial Registrar Patricia Matthews Howard Garde AO RFD (20194) 24 January 2017 – present 1 April 2019 – present Judicial Registrar Julie Clayton Associate judges 20 February 2017 – present The Hon John Efthim Judicial Registrar 18 July 2005 – present Daniel Donato Caporale The Hon Alexander Jamie Wood 15 January 2018 – 2 March 2020 23 January 2006 – present Judicial Registrar Martin Keith The Hon Robyn Gay Lansdowne 5 February 2020 – present 18 September 2006 – present

The Hon Melissa Lee Daly 1 Date appointed to the Trial Division. 10 October 2006 – present 2 Date appointed to the Court of Appeal. 3 Date appointed as an associate judge. The Hon Simon Peter Gardiner 4 Date retired from the Bench. 6 November 2008 – present The Hon Nemeer Mukhtar 18 August 2009 – present The Hon Rodney Stuart Randall 17 May 2011 – present The Hon David Mark Brudenell Derham 11 December 2012 – 10 January 2020 The Hon Mary-Jane Ierodiaconou 12 May 2015 – present The Hon Julian Hetyey 11 February 2020 – present ANNUAL REPORT About At a 74 2019–20 the Court Glance Foreword

The Supreme Court hears cases Court in a number of buildings in Melbourne’s CBD and in 12 Locations locations in regional Victoria.

Melbourne CBD Regional locations

Supreme Court of Victoria When hearing cases in regional Victoria, the Supreme Court sits at the 210 William Street following courts. These courts also provide multi-jurisdictional registry Melbourne Victoria 3000 services. Supreme Court documents can be filed at any of these courts: Phone: 03 8600 2000 Ballarat Sale – Courts 1 to 15 Magistrates’ Court Magistrates’ Court – Practice court 100 Grenville Street South 79-87 Foster Street Ballarat Victoria 3350 (Princes Highway) Court of Appeal Phone: 03 4334 6000 Sale Victoria 3850 459 Lonsdale Street Phone: 03 4113 7800 Melbourne Victoria 3000 Bendigo Phone: 03 8600 2001 Magistrates’ Court Shepparton – Green court 71 Pall Mall Magistrates’ Court – Red court Bendigo Victoria 3550 14 High Street – Blue court Phone: 03 4436 3840 Shepparton Victoria 3630 Phone: 03 5895 4444 Old High Court Geelong 450 Little Bourke Street Magistrates’ Court Wangaratta Melbourne Victoria 3000 Railway Terrace Magistrates’ Court Phone: 03 8600 2002 Geelong Victoria 3220 24 Faithfull Street – Courts 1 to 3 Phone: 03 5225 3333 Wangaratta Victoria 3677 Phone: 03 5721 0900 Associate judges’ Hamilton courtrooms Magistrates’ Court Warrnambool Ground floor, 436 Lonsdale Street Martin Street Magistrates’ Court Melbourne Victoria 3000 Hamilton Victoria 3300 218 Koroit St Phone: 03 8600 2000 Phone: 03 5572 2288 Warrnambool – Courts 1 to 6 Victoria 3280 Horsham Phone: 03 5564 1111 Costs Court Magistrates’ Court 22 Roberts Avenue Wodonga Level 4, 436 Lonsdale Street Horsham Victoria 3400 Magistrates’ Court Melbourne Victoria 3000 Phone: 03 4309 6100 5 Elgin Boulevard Phone: 03 8600 2000 Wodonga Victoria 3690 – Courts 7 and 8 Phone: 02 6043 7000 – Hearing rooms 1 and 2 Latrobe Valley Magistrates’ Court 134 Commercial Road William Cooper Morwell Victoria 3840 Justice Centre Phone: 03 5194 4300 223 William Street Melbourne Victoria 3000 Phone: 03 8600 2000 Mildura Magistrates’ Court – Court 6 (level 3) 56 Deakin Avenue Mildura Victoria 3500 Phone: 03 5021 6000 Court Work of Additional Leadership and 75 Snapshot the Court Court Services Governance Appendices

Contact Details

Principal Registry Funds in Court Level 2, 436 Level 5, 469 Lonsdale Street La Trobe Street Melbourne Victoria 3000 Melbourne Victoria 3000 Phone: 03 8600 2000 Phone: 1300 039 390 Email: [email protected] Email: [email protected] Website: fundsincourt.vic.gov.au Self-represented litigants Phone: 03 8600 2031 Juries Victoria Email: [email protected] Ground floor County Court of Victoria Commercial Court Registry 250 William Street Melbourne Victoria 3000 Ground floor, 450 Phone: 03 8636 6800 Little Bourke Street Email: [email protected] Melbourne Victoria 3000 Website: juriesvictoria.vic.gov.au Phone: 03 8600 2002 Email: [email protected] Law Library of Victoria Court of Appeal Registry 210 William Street Melbourne Victoria 3000 Level 1, 436 Phone: 03 8600 2009 Lonsdale Street Email: [email protected] Melbourne Victoria 3000 Website: lawlibrary.vic.gov.au Phone: 03 8600 2001 Email: [email protected]

supremecourt.vic.gov.au

@SupremeCourtVic

@SCVSupremeCourt Supreme Court of Victoria 210 William Street Melbourne VIC 3000 supremecourt.vic.gov.au